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330 South Cherokee Lane TLP 3794-445 December 1, 1994 Page 4 LIMITATIONS The proposed scope of work assumes the site will be accessible at the time work is performed. Twining will not be responsible for damage to underground utilities unless they are accurately shown on drawings supplied to Twining before field work begins. Additional work and/or unforeseeable conditions, not summarized in the cost estimate, would be charged on a time and materials basis; your prior approval would be requested should this occur. There are no tifrd--per► t enefieiaries of this agreement between the c 4. and no � _> _, . third—party shall be entitled to rely upon any work performed or reports ° �iinut$ hereunder for any purpose whatsoever. The client shall indemnify and hold Twining harmless against any liability to any third—party for any loss,expense,or damage arising in connection with reliance by any such third—party on any work performed or reports issued by Twining. Twining's professional services will be performed, findings obtained, and conclusions prepared consistent with generally—accepted environmental assessment principles and practices in San Joaquin County at the time the work is performed. This warranty is in lieu of all other warranties, either expressed or implied CLOSING Enclosed is Twining's statement of qualifications (SOQ) which includes company references and resumes of qualified personnel who will perform the proposed work. Twining's standard Agreement is also enclosed. If the terms and conditions of the Agreement are acceptable to you, please sign page 4 and initial pages 1, 2, and 3 of the Agreement. Return all copies to Twining and a signed copy of the Agreement will be sent to you by return mail. Please telephone us if you have questions or require additional information. Respectfully submitted,` THE TWINING LABORATORIES, INC. Environmental Services Division Kevin L. Clutter Project Geologist