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(2"kTc A S S O C I A T E S I N C LIMITATIONS ATC warrants that the services, findings, and/or recommendations provided to Guaranty Bank., its affiliates and subsidiaries, and their respective successors and assigns, have been prepared, performed and rendered in accordance with procedures, practices, and standards generally accepted and customary in the consultant's profession for use in similar assignments. ATC shall indemnify, save, and hold harmless Guaranty Bank from and against any and all losses, costs, expenses and liabilities, including, without limit, reasonable attorney's fees, which are attributable to the breach of the above warranty, up to an aggregate amount of$1,000,000 (one million dollars), notwithstanding any limitation (expressed or implied) contained in any other agreement or document relating to the services, findings and/or recommendations provided by ATC. Our professional services have been performed, our findings obtained, and our recommendations prepared in accordance with customary principles and practices in the fields of environmental science and engineering. This warranty is in lieu of all other warranties, either expressed or implied. This company is not responsible for the independent conclusions, opinions or recommendations made by others based on the field exploration and record search data presented in this report. It should be noted that all surficial environmental assessments are inherently limited in the sense that conclusions are drawn and recommendations developed from information obtained from limited research and site evaluation. Subsurface conditions were not field investigated as part of this study and may differ from the conditions implied by the surficial observations. Additionally, the passage of time may result in a change in the environmental characteristics at this site and surrounding properties. The work performed in conjunction with this assessment and the data developed are intended as a description of available information at the dates and locations given. This report does not warrant against future operations or conditions, nor does it warrant against operations or conditions present of a type or at a location not investigated. ATC is not aware of any other readily available formal assessments addressing environmental, geotechnical, geological, or groundwater characteristics of the subject site. However, accessible public documents and publications addressing the general vicinity were also reviewed. Portions of the reviewed materials have been addressed, referenced, or incorporated into this assessment. ATC did not assess as part of the project scope the validity of, or necessarily concur with, the findings and recommendations of the above-referenced additional materials, except where directly so stated. ATC did not ascertain any items or data during the reconnaissance and report preparation, which were contradictory to the above-referenced reports. The judgments, conclusions, and recommendations described in this report pertain to the conditions judged to be present or applicable at the time the work was performed. Future conditions may w:\enviromenta1\05257\5406\Sub Inv Rpt.doc 4