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Q <br /> fees and all other fees, permits, bond premiums, and all other <br /> charges not specifically covered by the terms of this Agreement. <br /> B. Consultant will apply for and obtain permits and <br /> approvals necessary for Consultant to perform the Work provided, <br /> however, nothing herein will be construed or interpreted as <br /> requiring Consultant to assume the status of generator, storer, <br /> treater, or disposal facility as those terms appear within the <br /> Resource Conservation and Recovery Act, 42 USC § 6901 et seg. , as <br /> amended, or within any state statute governing the treatment, <br /> storage, or disposal of waste. Any failure to obtain any permit <br /> or approval because any agency refuses to issue any permit or <br /> approval applied for, will not be a breach of this Agreement. <br /> C. The Work may include arrangement by Consultant for <br /> the lawful disposal of materials such as, but not limited to, <br /> samples, drilling cuttings, purge water resulting in the course <br /> of the Work, or other materials excavated or otherwise to be <br /> removed from the Site. Consultant will bill disposal to Client. <br /> Client agrees, however, that Consultant will not be obligated to <br /> execute any documents identifying Consultant as the owner or <br /> generator of those materials, which status will continue to be <br /> held by Client, and Client will cooperate with Consultant and <br /> execute documents necessary to permit the disposal of the <br /> materials. <br /> 13 . Use Of Documents. Reports and writings are furnished <br /> to Client and Neumiller & Beardslee and Client assumes all <br /> liability resulting from the further distribution of such <br /> writings, or any portion of them. Client will indemnify <br /> Consultant and hold it harmless against any liability for such <br /> distribution. Consultant shall not distribute such reports and <br /> writings without express consent of Client or Neumiller & <br /> Beardslee. In no event will Client or any person acting on its <br /> behalf edit, abridge or modify any final version of a report, <br /> drawing or specification prepared by Consultant without <br /> Consultant's express written consent. <br /> 14 . Electronic Data. Reports and writings to be provided <br /> by under the Scope of Services will not be provided in electronic <br /> disc form unless Client provides Consultant with a supplemental <br /> agreement to this Agreement providing indemnification <br /> satisfactory in form and amount to Consultant. <br /> 15 . Liability for Underground Utilities. Consultant has <br /> been retained by the Client to perform certain and specified <br /> underground exploration related to soil and groundwater <br /> contamination. This work will involve soil excavation and/or <br /> exploratory drilling. Consultant and its subcontractors will <br /> exercise professional diligence in avoiding subsurface utilities, <br /> piping, facilities, and obstructions during drilling or earth <br /> removal. The preferred sites for excavation or drilling <br /> activities will be identified on the basis of geological, <br /> hydrologic, and engineering considerations. In the event that, <br /> during exploration, testing or construction, damage occurs to <br /> 6 F:\TRN\18437\D\RUIZI.LSG <br /> 76159-18437/LSG/08/18/93/1 <br />