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• .,i KLEINFELDER <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 proposal should be construed or interpreted as requiring Kleinfelder to <br /> assume the status of an owner, operator, generator, or person who arranges for disposal, <br /> transport, storage or treatment of hazardous materials within the meaning of any governmental <br /> statute, regulation or order. Crossroads Commerce Center will be solely responsible for notifying <br /> all governmental agencies, and the public at large, of the existence, release, treatment or disposal <br /> of any hazardous materials observed at the project site, either before or during performance of <br /> Kleinfelder's services. Crossroads Commerce Center will be responsible for all arrangements to <br /> lawfully store, treat, recycle, dispose, or otherwise handle hazardous materials, including cuttings <br /> and samples resulting from Kleinfelder's services. <br /> This proposal may be used only by Crossroads Commerce Center and only for the purposes <br /> stated, within a reasonable time from its issuance. Land use, site conditions (both on site and off <br /> site) or other factors may change over time, and additional work may be required with the <br /> passage of time. <br /> The fees presented in this proposal are based on prompt payment for services presented in our <br /> standard invoicing format. Additional charges will be applied for specialized invoicing if backup <br /> documentation is needed. These special services will be charged on a time and expense basis. <br /> Late fees will be charged if payment is not received in accordance with terms contained in the <br /> contract. <br /> The safety of our employees is of paramount concern to Kleinfelder. You will be notified if <br /> conditions at your project represent a potential safety concern to our employees. Unsafe <br /> conditions for fieldwork will require a modification of our estimated scope of work and <br /> associated fees. We will advise you of the additional costs necessary to mitigate these <br /> unanticipated conditions, if applicable. <br /> AUTHORIZATION <br /> A contract for environmental services is attached for your review and, in addition to the scope of <br /> services proposed herein, is the basis for the proposed fee. Signed contracts returned to us will <br /> serve as our formal authorization to proceed. We will return an executed contract to you for your <br /> records. <br /> If there is a need for any change in the scope of services or schedule described in the proposal or <br /> in our contract, please call us immediately. Changes may require revision of the proposed fee <br /> which will be communicated to you upon assessment of the requested changes' effect on the fee. <br /> 20-4445-03.G01/2000P465 Page A-5 <br /> Copyright 2000,Kleinfelder,Inc. December 28,2000 <br />