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MRP. 01 '94 10:45 SHIELDS, HARPER &Oa P.3i4
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<br /> 3. EnviroQuest and the agents of EnviroQuut.agrae not to violate the confndcutiality of the client through the release of a discussion of
<br /> canlraGtual agreements, analysis results,processing Procedures and any Womtadon considered proprietary by the client In the event that.
<br /> EaviroQuest or its agents arc required to disclose such information pursuant w a court order,then this provision shall be waived by the elieint
<br /> 4. Client rccogniz= that SICAS relies on statisticalanalysis of darn provided by client which may not be capable of producing a conclusive
<br /> analysis. Results only indicate possibilides or scuds. FnviroQuest Technalogies or irs agents are not nesponsible or liable for analyses which,
<br /> while statistically ace lu% donot identify leaks or othce failtmra. In no :vent, whether as a result of breach of contract. warranry, torr
<br /> (Including negligence and strict liability)or otherwise,shall EnviroQuest Technologies or its agents be liable for any special.consequential.
<br /> incidcnud or penal damages,including but Out limited to, ions of profit or revenues, loss of use or cost of repair of USTs or any associated
<br /> equipment,cost of subs Brute or replacement services.cost of repair or damages causad by undetected leaks or damages to the environment. .
<br /> down time costs or claima of client or anyone claiming through client for any such damages;nor shall r=viroQuesc its Agents'
<br /> rotal liability no client for any and all loss or damage.,king our of or rraulring from this agreemmc or from its perforruancc or breach,or from
<br /> the services furnished hcrctutd yr exceed the price of the smite provided during one year's rcrm of this agreement with respect to a specific
<br /> LIST which give rise to the claim Any such liability shall vurminau upon the expiration of this agrcemcxd.
<br /> 5. The client agrees that if EnviroQucsc Tcohnolegies or its agents.provide client with recommendadvns, advice or other assisurnce which :--
<br /> eonccrns any service supplied hereunder, the furnishing of such reccmmendA_tons, advice or assistance will not subject EnvircQuest .
<br /> Technologies or its age=to any liability,whetter in cons=warranty,rort(inoluding negligence and strict liability)or otherwise.
<br /> 6. Client shall hold harmless EnviroQuest Technologies and its agents,from,and indnrrtrtify against.any and all actions,causes,losses penalties
<br /> and fines related to or arising out of clients ownership. Wrallation and operariorts of its USTs excepc w the extent directly related to
<br /> FnviroQucst Technologies'or its agents' gm=negligence or willful misconduct ENVIBOQUEST TECHNOLOGIES AND ITS AGENTS .
<br /> D1SCL. ALL OTFIER WARRANTIES, EXPRESSED OR IMPLIED. INCLUDING WrMOUT UMITATION THE IMPLIED
<br /> WARRAMTES OF MERC:HANPABU=AND FITNESS FOR A PARTICULAR USE.
<br /> 7. This contract shall be binding upon rhe parties and nccir rrspecdvc succrssors And assigns. This agreement may nor be assigned by client
<br /> without the writwn consent of EnviroQuest Techaalegies. Emim(Qa,,t Technologies may assign all or part of its rights.obligations and ducks
<br /> herein ro a third party. .
<br /> S. This Agreement shall be effective as of the day and year above wriaert Land shall automatically renew for successive twelve month periods
<br /> unless notice is given,in writing,by either parry 60 days in advance of said renewal date. Any notice hereunder shall be sufficient if sero by
<br /> cerdfird matt,return teceipt requested,addressed to client at its primary place of business, and to Shields, harper fr Co. , Inc, ,
<br /> 5107 Broadway,' Oakland, California 94611
<br /> 9, This agreement shall be interpreted in accordance with the laws of the State of Missouri. In the event EnviroQtusc Technologies or its agent
<br /> and client have a dispute under ibis Agreement.they agree to amempt to resolve the dispute in good faith through negoti-IdOM mediadon.er
<br /> similar alternadvc dispute resolution 44vniques. If such good faith attempt to resolve the dispute is UaSU cessful., the dispute shall be
<br /> . submitted to arbitration rules of the American Arbim lion Association. The decision of the arbitrators shall be final and binding upon-the
<br /> pardcs harem,and the judgment thereon may be eatertd in any court having jurisdiction. - . .
<br /> 10. . In the event either parry commences a legal proceeding.including arbltrati=to enforce any of the provisions sec forth is this agreement.the
<br /> unsuccessful parry shall pay the prevailing party's reasonable awntey's fees,costs and expenses ralad ng to such action.
<br /> 11. Should,any part of this agreement became or be held to be invalid,the remaining portions shall remain in hull force and effect '
<br /> .12_ Any payments received mora than 15 days after due due are subject to a laic charge of loge. Should client be more tban 3o days lace in plying
<br /> fees,EnviroQuest TwImologies or its agents may discontinue the monthly monitoring service until all arrcarages have been paid.or may,at
<br /> EnviroQuestTechnologies'opdon,terminate this agreement .
<br /> 13. This dAetnr0.enc contains tto atelia agreement 6ecwurt rho parties wirhrespeee ro rte subject matter hereof Any modifications to this agreement
<br /> must be in Writing,signed by both parties and attached hereto. .
<br /> IN WITNESS W-IERBOF,the parties have exmutrd this aagreernent as the day and year first above written.
<br /> EavlroQuest Technologies,Ltd. or >}�/ tS /jib tn� t_r✓ (Agent for EnvhroQuest Technologies,Ltd.)
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