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KLEINFELDER <br /> 6.2 LIMITATIONS <br /> Kleinfelder has prepared this workplan in accordance with the generally accepted standards of <br /> care which exist in San Joaquin County at the time of writing. It should be recognized that <br /> definition and evaluation of geologic and chemical subsurface conditions are difficult. <br /> Judgments leading to conclusions and recommendations are generally made with an incomplete <br /> knowledge of the subsurface and/or historic conditions applicable to the site. More extensive <br /> studies may further reduce the uncertainties associated with this assessment. Kleinfelder should <br /> be notified for additional consultation if the client wishes to reduce the uncertainties beyond the <br /> level associated with this report. No warranty, expressed or implied, is made. <br /> Kleinfelder offers various levels of investigative and engineering services to suit the varying <br /> needs of different clients. Although risk can never be eliminated, more detailed and extensive <br /> investigations yield more information, which may help understand and manage the level of risk. <br /> Since detailed investigation and analysis involves greater expense, our clients participate in <br /> determining levels of service which provide adequate information for their purposes at <br /> acceptable levels of risk. Linne Estates, LLC has reviewed the scope of work and determined <br /> that it does not need or want a greater level of service than what was provided. <br /> Regulations and professional standards applicable to Kleinfelder's services are continually <br /> evolving. Techniques are, by necessity, often new and relatively untried. Different professionals <br /> may reasonably adopt different approaches to similar problems. Therefore, no warranty or <br /> guarantee, expressed or implied,will be included in Kleinfelder's scope of service. <br /> During the course of the performance of Kleinfelder's services, hazardous materials may be <br /> discovered. Kleinfelder will assume no responsibility or liability whatsoever for any claim, loss <br /> of property value, damage, or injury that results from pre-existing hazardous materials being <br /> encountered or present on the project site, or from the discovery of such hazardous materials. <br /> Nothing contained in this scope of work should be construed or interpreted as requiring <br /> Kleinfelder to assume the status of an owner, operator, generator, or person who arranges for <br /> disposal, transport, storage or treatment of hazardous materials within the meaning of any <br /> governmental statute, regulation or order. <br /> This report may be used only by the client and only for the purposes stated within a reasonable <br /> time from its issuance, but in no event later than one year from the date of the report. Land or <br /> facility use, on and off-site conditions, regulations, or other factors may change over time, and <br /> additional work may be required with the passage of time. Any party other than the client who <br /> wishes to use this report shall notify Kleinfelder of such intended use. Based on the intended use <br /> of the report, Kleinfelder may require that additional work be performed and that an updated <br /> report be issued. Non- compliance with any of these requirements by the client or anyone else <br /> will release Kleinfelder from any liability resulting from the use of this report by any <br /> unauthorized party and client agrees to defend, indemnify, and hold harmless Kleinfelder from <br /> any claim or liability associated with such unauthorized use or non-compliance. <br /> i <br /> 34091.E01/ST05R040/JZ:ly Page 8 of 9 <br /> ©2005,Kleinfelder,Inc. January 13,2005 <br />