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k'q KLEINFELDER 7. LIMITATIONS i Kleinfelder prepared this proposal in accordance with generally accepted standards of care which exist in San Joaquin County at this time. It should be recognized that definition and evaluation of geologic and environmental conditions are a difficult and inexact science. Judgments leading to conclusions and recommendations are generally made with incomplete knowledge of the i subsurface conditions present. More extensive studies, including subsurface investigations, may { be performed to reduce uncertainties. If the client wishes to reduce the uncertainties beyond the level associated with this proposal Kleinfelder can be notified for additional consultation. No warranty, expressed or implied, is made. Kleinfelder offers various levels of investigative and engineering services to suit the varying needs of different clients. AIthough risk can never be eliminated, more-detailed and extensive ' investigations yield more information, which may help understand and manage the level of risk. Since detailed investigation and analysis involves greater expense, our clients participate in determining levels of service which provide adequate information for their purposes at acceptable levels of risk. Acceptance of this proposal will indicate that Del Monte Foods, Inc. have reviewed the scope of work and determined that it does not need or want a greater level of service than will be provided. Any exceptions should be noted and may result in higher fees. Regulations and professional standards applicable to Kleinfelder's services are continually evolving. Techniques are, by necessity, often new and relatively untried. Different professionals may reasonably adopt different approaches to similar problems. As such, our services are intended to provide the client with a source of professional advice, opinions and recommendations. Our professional opinions and recommendations will be based on our limited number of field observations and tests, collected and performed in accordance with the generally accepted engineering practice that exists within the area at the time of our study. Consequently, no warranty or guarantee, either expressed or implied, is intended or made. During the course of the performance of Kleinfelder's services, hazardous materials may be discovered. Kleinfelder will assume no responsibility or liability whatsoever for any claire, loss of property value, damage, or injury that results from pre-existing hazardous materials being encountered or present on the project site, or from the discovery of such hazardous materials. ` Nothing contained in this proposal should be construed or interpreted as requiring Kleinfelder to assume the status of an owner, operator, generator, or person who arranges for disposal, transport, storage or treatment of hazardous materials within the meaning of any governmental statute, regulation or order. Del Monte Foods, Inc. will be solely responsible for notifying all governmental agencies, and the public at large, of the existence, release, treatment or disposal of any hazardous materials observed at the project site, either before or during performance of Kleinfelder's services. Del Monte Foods, Inc. will be responsible for all arrangements to lawfully } store, treat, recycle, dispose, or otherwise handle hazardous materials, including cuttings and samples resulting from KIeinfelder's services. t 12280/2002R476 Page 25 of 26 Copyright 2002 Kleinfelder,Inc. May 17,2002