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V <br /> Thermo-King Stockton LSI V Terracon <br /> Project Number: 67047008 <br /> November 5, 2004 <br /> V <br /> 1.3 . Standard of Care <br /> ►- Terracon's services were performed in a manner consistent with generally accepted practices of <br /> the profession undertaken in similar studies in the same geographical area during the same <br /> time period. Terracon makes no warranties, either express or implied, regarding the findings, <br /> conclusions or recommendations. Please note that Terracon does not warrant the work of <br /> laboratories, regulatory agencies or other third parties supplying information used in the <br /> preparation of the report. These LSI services were performed in accordance with the scope of <br /> work agreed with you, our client, as reflected in our proposal and were not restricted by ASTM <br /> E1903-97. <br /> v <br /> 1.4 Additional Scope Limitations <br /> �- Findings, conclusions and recommendations resulting from these services are based upon <br /> information derived from the on-site activities and other services performed under this scope of <br /> work; such information is subject to change over time. Certain indicators of the presence of <br /> ` hazardous substances, petroleum products, or other constituents may have been latent, <br /> inaccessible, unobservable, nondetectable or not present during these services, and we cannot <br /> represent that the site contains no hazardous substances, toxic materials, petroleum products, <br /> or other latent conditions beyond those identified during this LSI. Subsurface conditions may <br /> vary from those encountered at specific borings or wells or during other surveys, tests, <br /> �. assessments, investigations or exploratory services; the data, interpretations, findings, and our <br /> recommendations are based solely upon data obtained at the time and within the scope of these <br /> services. <br /> V <br /> 1.5 Reliance <br />` This report has been prepared for the exclusive use of Stewart & Stevenson, and any <br /> authorization for use or reliance by any other party (except a governmental entity having <br /> jurisdiction over the site) is prohibited without the express written authorization of Stewart & <br /> Stevenson and Terracon. Any unauthorized distribution or reuse is at the client's sole risk. <br /> Notwithstanding the foregoing, reliance by authorized parties will be subject to the terms, <br />�. conditions and limitations stated in the proposal, LSI report, and Terracon's Master Services <br /> Agreement (MSA) with Stewart and Stevenson. The limitation of liability defined in the MSA is <br /> the aggregate limit of Terracon's liability to the client and all relying parties unless otherwise <br /> agreed in writing. <br /> 2 <br />