SITE INFORMATION AND CORRESPONDENCE FILE 1

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r of the Work and will submit written and verbal reports to Neumiller & Beardslee to the extent necessary to keep Neumiller & Beardslee fully informed with respect to the Work. Consultant will maintain full and accurate records and books of account necessary to document (i) all activities undertaken by or on behalf of Consultant in the course of the Work, including, but not limited to, all testing, sampling, drilling and other services performed by Consultant, its agents and subcontractors and (ii) all charges, expenses and disbursements incurred by Consultant, its agents or subcontractors in performing services hereunder. Consultant will make such books and records available to Client and Neumiller & Beardslee upon request during normal business hours. C. Consultant shall perform its services hereunder in strict compliance with applicable federal, state and local laws and regulations. D. Prior to construction by Consultant of any facilities on the property to remain in place for thirty (30) days or more, Consultant shall provide Client and Neumiller and Beardslee with plans and specifications for location of such facilities. 3 . Term. The term of this Agreement shall commence on the date hereof and shall continue indefinitely, unless terminated in accordance with section four, until the Work is completed or the final payment due Consultant for its services hereunder is paid, whichever occurs later. 4 . Termination. Notwithstanding the provisions of section three, Client shall have the right, at any time, in its sole discretion and with or without cause, by written notice to Consultant, to cancel this Agreement and terminate its obligations to make payments hereunder, other than payments for time spent and reimbursable expenses heretofore incurred. 5. Terms and Payment. Client agrees that the charges provided in the scope of services (exhibit "A" ) is an estimate based on Consultant's experience, professional judgment, and preliminary understanding of the Site conditions. Consultant agrees not to exceed this budget (exhibit "A" ) by more than ten percent ( 10%) without prior Client approval. Client shall pay Consultant for the scope of services estimated in exhibit "A" on a time and expense basis as incurred on a monthly basis. The time and expenses basis (as set forth in exhibit "B" ) as the Schedule of Charges. The Schedule of Charges will be updated at or near the beginning of each year and the Client will receive notice of such charges before the charge goes into effect. The amount of any imposed excise or gross receipt tax may be added to the time and expenses. For services quoted on a per test or per foot drilled basis in exhibit "A" , the Client shall be billed for the actual number of tests conducted and feet drilled at the applicable rate. A late payment charge of one percent per month will be payable on any amount not paid within 30 days of due F:\TRN\18437\D\RUIZI.LSG 2 75159-18437/LSG/08/18/93/1