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v � <br /> date, payment thereafter to be applied first to accrued late <br /> payment charges and then to the principal unpaid amount. <br /> Consultant may, at its option, withhold delivery of reports and <br /> any other date pending receipt of payment for all services. <br /> 6. Warranty. Consultant provides services in accordance <br /> with generally accepted professional practices in its field of <br /> specialty. No other warranty or representation, either expressed <br /> or implied is included or intended as part of its services, <br /> proposals, agreements, or reports. <br /> 7 . Confidentiality. <br /> A. Consultant understands that it and its agents and <br /> subcontractors have been and will be granted access to the Site <br /> and to certain Confidential Information of Client in the course <br /> of performing the Work. All records and information with respect <br /> to Client and the Site and Neumiller & Beardslee's representation <br /> of Client that are of a confidential nature, including, without <br /> limitation, technical data concerning the physical properties of <br /> the Site and Neumiller & Beardslee's theories and plans regarding <br /> Client's defense or cost recovery constitute "Confidential <br /> Information" for purposes of this Agreement. Consultant agrees <br /> to hold in strictest confidence, not to disclose or permit <br /> disclosure to any person or entity other than Client or Neumiller <br /> & Beardslee, and not to make any unauthorized use of any <br /> Confidential Information without the prior written consent of <br /> Client of Neumiller & Beardslee on Client's behalf. <br /> B. Consultant understands that all technical data, <br /> results, specifications, reports, samples and other information <br /> or materials that have been or will be collected or developed by <br /> Consultant for transmission to Neumiller & Beardslee in the <br /> course of performing the work constitute confidential <br /> communications which are intended to be protected against <br /> disclosure to third persons by the attorney-client privilege <br /> and/or by the attorney work product doctrine. Consultant agrees <br /> to hold in strictest confidence, not to disclose to any person or <br /> entity other than Client or Neumiller &Beardslee and not to make <br /> any unauthorized use of any confidential communications without <br /> the prior written consent of Client. All written reports, <br /> analyses and other confidential communications which are prepared <br /> by Consultant, its agents or subcontractors shall be <br /> conspicuously marked: "DRAFT" and: "PRIVILEGED AND CONFIDENTIAL <br /> ATTORNEY/CLIENT COMMUNICATION AND/OR ATTORNEY WORK PRODUCT" on <br /> their face unless they are prepared by Consultant at the request <br /> of Neumiller & Beardslee or Client for final submission to a <br /> governmental agency. <br /> C, All Confidential Information and communications <br /> shall be and remain the property of Client, and Consultant shall <br /> promptly deliver the same to Client upon request. Consultant <br /> shall make copies of such Confidential Information and <br /> communications for its own records; however, such action shall be <br /> subject to the general confidentiality obligations set forth in <br /> F:\TRH\18437\D\RUIZI.LSG <br /> 3 76159-18437/LSG/08/18/9311 <br />