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0 0 DISCLAIMERS AND LIMITATIONS ON USE ERM-West,Inc. ("ERM") developed the following site-specific Health and Safety Plan (the"HSP")for use by ERM personnel and by ERM subcontractors(individually,an "ERM Contractor" and collectively, "ERM Contractors")in connection with the subsurface investigation(the"Project")being performed by ERM for Union Pacific Railroad(the "Client")at the Colton Yard (the"Site"). ERM personnel must adhere to the practices and procedures specified in the HSP. Each ERM Contractor must review the HSP and agree to accept and abide by the HSP, subject to any modifications to the HSP(to address the ERM Contractor's more stringent practices and procedures)agreed upon in writing by ERM and the ERM Contractor. The ERM Contractor shall indicate such acceptance by executing a copy of this notice of disclaimers and limitations on use as indicated below and returning it to ERM's project manager for the Project prior to its commencing work at the Site. However,if any ERM Contractor commences work at the Site,the ERM Contractor shall be deemed to have accepted the HSP and the terms hereof and the failure to execute and return to ERM a copy of this notice shall not be relevant to such interpretation. If a contractor or a person other than the Client,ERM employees and ERM Contractors (individually,a"Third Party" and collectively, "Third Parties")receives a copy of the HSP,such Third Party should not assume that the HSP is appropriate for the activities being conducted by the Third Party. NO THIRD PARTY HAS THE RIGHT TO RELY ON THE HSP. EACH THIRD PARTY SHOULD ABIDE BY ITS OWN SITE SPECIFIC HEALTH AND SAFETY PLAN IN ACCORDANCE WITH ITS OWN PROFESSIONAL JUDGMENT AND ESTABLISHED PRACTICES. ERM shall not be responsible for the implementation of any Third Party's safety program(s),except to the extent otherwise expressly agreed upon by ERM and a Third Party in writing. The services performed by ERM for the Client and any right of the Client and/or an ERM Contractor to rely on the HSP shall in no way inure to the benefit of any Third Party,including,but not limited to,employees,agents,or consultants and subcontractors of ERM Contractors,so as to give rise to any cause of action by such Third Party against ERM. The HSP generated by ERM in connection with the Project is for use on a specific site and in connection with a specific project. ERM makes no representation or warranty as to the suitability of the HSP for reuse on another site or as to the suitability of the HSP for reuse on another project or for modifications made by the Client or a Third Party to the HSP. ERM Contractors Only Agreed and Accepted: By Title: Date: