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Materials" shall mean any hazardous or toxic substances, <br /> materials or wastes, pollutants or contaminants, as defined, <br /> listed or regulated by any federal, state or local law, <br /> regulation or order or by common law decision, including without <br /> limitation, petroleum products or by-products. <br /> 10 . Jobsite Conditions. Client represents that it has <br /> informed Consultant to the best of Client's knowledge, of the <br /> location and character of any hazardous materials or unsafe <br /> conditions at or under the jobsite, and agrees to immediately <br /> advise Consultant of any additional knowledge as to the same <br /> gained by Client. Discovery during the performance of the <br /> Agreement of unanticipated hazardous material or unsafe or other <br /> conditions not contemplated by Consultant at the time of the <br /> execution of this agreement which materially affect Consultant <br /> ability to perform its specified services or which would <br /> materially increase the cost to Consultant of such performance <br /> shall constitute a changed condition and both Client- and <br /> Consultant shall in good faith renegotiate the terms of this <br /> Agreement to reflect fairly the impact of such changed <br /> conditions, Consultant having the option during renegotiations to <br /> suspend its performance of this Agreement. <br /> 11 . Services During Construction. If the scope of work to <br /> be performed by Consultant calls for its participation in <br /> remediation activities, any construction inspection or testing <br /> provided by Consultant is for the purpose of determining <br /> compliance by construction or remediation subcontractors. Client <br /> agrees that Consultant will not have inspection responsibilities <br /> at the jobsite except to the extent specifically provided for in <br /> the agreed upon scope of work. Except as provided in sections <br /> eight and nine of this Agreement, Client agrees that in accor- <br /> dance with generally accepted construction practices, the con- <br /> struction contractor will be required to assume sole and complete <br /> responsibility for jobsite conditions during the course of <br /> construction of the project, including safety of all persons and <br /> property and that this responsibility shall be continuous and not <br /> be limited to normal working hours. <br /> 12 . Compliance With Laws. <br /> A. Client and Consultant shall each use reasonable <br /> care in its efforts to comply with laws, codes, ordinances and <br /> regulations in force at the time of the performance by each under <br /> this Agreement, insofar as such laws are applicable to a party's <br /> performance. Unless otherwise provided for in the Scope of <br /> Services of this Agreement or by law, the responsibility for <br /> making any disclosures or reports to any third party, for <br /> notifying all governmental authorities of the discovery of <br /> Hazardous Materials on the jobsite, and for taking corrective, <br /> remedial, or mitigative action shall be solely that of Client. <br /> Client shall pay the costs of checking and inspection fees, <br /> zoning application fees, soils engineering fees, testing fees, <br /> surveying fees, all legal services in connection with the <br /> project, all environmental impact report and energy assessment <br /> F:\TRN\18437\D\RUIZI.LSG <br /> 5 76159-18437/LSG/08/18/93/1 <br />