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March 16, 1988 Roberts Oil Company Page 18 final authority on the well installations. Possible changes include, but are not limited to, the depth of the well, the extent of the screened interval, the type of annular backfill or the determination or the requirement for a vadose well. K In the event that the Customer requests termination of the work prior to completion of a report, we reserve the right to complete such analyses and records as are necessary to protect our professional reputation, and to complete a report on the work performed to date. I. For any damages on account of errors, omissions, or other professional negligence, our liability will be limited to a sum of $5,000.00, or our fee, whichever is greater. J. In the event the Customer makes a claim against Exceltech, at law or otherwise, for any alleged error, omission or other acts arising out of the performance of our professional services, and the Customer fails to prove such claim, then the Customer shall pay all costs incurred by Exceltech in defending itself against the claim. K. Customer agrees that reports and other work furnished to the Customer or his agents which is not paid for will be returned upon demand and will not be used by the Customer for any purpose whatever. Exceltech will retain pertinent records relating to the services performed for a period of two years following submission of the report during which period the records will be made available to the Customer at reasonable times. L. Exceltech reserves the right to refuse projects deemed risky or dangerous due to site conditions or weather or where access or mobility is questionable. We will attempt questionable access only at the request and responsibility of the Customer. M. The price quoted herein will be in effect for a period of 30 days from the specified bid date. Exceltech terms of payment are net 30 days, due and payable upon receipt of our invoice. Interest of 1.5% per month will be assessed on any overdue balance.