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KLEINFELDER <br /> expense, our clients participate in determining levels of service, which provide adequate <br /> information for their purposes at acceptable levels of risk. Acceptance of this proposal <br /> will indicate that The Kamilos Group has reviewed the scope of work and determined <br /> that The Kamilos Group does not need or want a greater level of service than will be <br /> provided. Any exceptions should be noted and may result in higher fees. <br /> Regulations and professional standards applicable to Kleinfelder's services are <br /> continually evolving. Techniques are, by necessity, often new and relatively untried. <br /> Different professionals may reasonably adopt different approaches to similar problems. <br /> Therefore, no warranty or guarantee, expressed or implied, will be included in <br /> Kleinfelder's scope of service. <br /> During the course of the performance of Kleinfelder's services, hazardous materials <br /> may be discovered. Kleinfelder will assume no responsibility or liability whatsoever for <br /> any claim, loss of property value, damage, or injury that results from pre-existing <br /> hazardous materials being encountered or present on the project site, or from the <br /> discovery of such hazardous materials. <br /> Nothing contained in this proposal should be construed or interpreted as requiring <br /> Kleinfelder to assume the status of an owner, operator, generator, or person who <br /> arranges for disposal, transport, storage or treatment of hazardous materials within the <br /> meaning of any governmental statute, regulation or order. PCCPML will be solely <br /> responsible for notifying all governmental agencies, and the public at large, of the <br /> existence, release, treatment or disposal of any hazardous materials observed at the <br /> project site, either before or during performance of Kleinfelder's services. PCCPML will <br /> be responsible for all arrangements to lawfully store, treat, recycle, dispose, or <br /> otherwise handle hazardous materials, including cuttings and samples resulting from <br /> Kleinfelder's services. Kleinfelder will assist PCCPML on a need be basis. An <br /> appropriate adjustment to our fees will be based on a time and materials basis. <br /> This proposal may be used only by PCCPML and only for the purposes stated, within a <br /> reasonable time from its issuance. Land use, site conditions (both on site and off site) <br /> or other factors may change over time, and additional work may be required with the <br /> passage of time. <br /> The fees presented in this proposal are based on prompt payment for services <br /> presented in our standard invoicing format. The payment due term shall be 45-days <br /> from the date of the invoice. Additional charges will be applied for specialized invoicing <br /> if backup documentation is needed. These special services will be charged on a time <br /> and expense basis. Late fees will be charged if payment is not received in accordance <br /> with terms contained in the attached contract. <br /> The safety of our employees is of paramount concern to Kleinfelder. You will be notified <br /> if conditions at your project represent a potential safety concern to our employees. <br /> Unsafe conditions for fieldwork will require a modification of our estimated scope of <br /> 02001 PROP.ENVISTO5P346R/JDZ:ly Page 11 of 12 <br /> 9 2005 Kleinfelder, Inc. December 2,2005 <br />