SITE INFORMATION AND CORRESPONDENCE

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1=24-19% 4: 19R4 NEILL—INVESTIGATIV 7986050 P. 7 (c) TRUST will Immediately iiately notify Contractor should TRUST become bankrupt or begin bankruptcy proceedings or make an assignment for the beneflt of cod am. N TRUST should become bankrupt or make assignment for the benefit of creditors. Contractor shall stop work, and TRUST, or trustee in bankruptcy, shag pay Contractor in accordance with paragraph 5 hereof for all work already pertorm*4 and the obligations of the parties under this Agreement ship then temhuate. (d) The rights to terminate under this paragraph 6 "1 be in addition to, and not in Feu of any other rights and remedies the parties may have at law or in equity. Nothing in this Agreement shag be constnred to alter waive, or.effect arty Fen or stop notice rights which Contractor may have at law for the performance of services under this Agresmat. 7. TRUST Cooperation (a) TRUST will cooperate In every way and manner with Contractor an the Project. Contractor will make available to Contractor all Infamwtion available to TRUST regarding the conditions of the Sita(s). TRUST slag irrrnediately transmit to Contractor arty ralevant new information which becomes available concerning the Sito(s) or any change in plans for the project. TRUST shag provide a representative at the Stet*) for coordination when required by Contractor and upon 48 hour notice. Each of the parties shall execute and delver, or rause to be executed and delivered such additional Instruments and documents which may be necessary and proper to carry out the Project. (b) TRUST shag provide Contractor, its agents and subcontractors access rights to the Sites) and access to its records to the extent necessary to perform Contracter's obligations hereunder, at no charge to Contractor unless otherwise specifically agreed to In writing by the parties. if any off- 990(s) Investigations are required, TRUST shy obtain and provide aece 1 rights as necessary. TRUST shall obtain and provide to Contractor adequate kifornatlon which deCiinettes the property boundaries of any Sites) to which Contractor is granted setas and shag be responsible for the accincy of boundary markers. (c) TRUST shag locate for Contractor and shag assume responsibility for the accuracy of its representation as to the locations of all underground utilities and installations. TRUST shall be responsible for damage to any underground utilities or patakdon not so posted and any damage may, at Contractor's option, be relished by Contractor and billed at cost plus 20 percent to TRUST. 8. rr+srr a ce Contractor shall, during the term of this Agreement, maintain statutory worker's compensation insurance, property damage knsura►ae up to $500,000 per occurrence and $1,000,000 in the aippregat« and commercial general Fability insurance up to $500,000 per occurrence and $1,000,000 in the aggregate. Autornabk Insurance up to $500,000 as(* acadent and $250,00 each person, property darrmg'e UP to $100,000 each scddent. Additional insurance an a project or contract basis requested by the TRUST, if available, will be provided at the TRUSTs expense. Contractor shag, upon TRUST's rawest furnish to TRUST a copy of the foregoing policies of insurance or a certification of hnsurance showing the amounts of coverage set forth above. Such .polides (except of worker's F M. IF an policy) shag provide that the insver shall name TRUST as an additional insured and shag give at least thirty (30) days notice to TRUST prior to cancellation or modification thereof. TRUST shy pay any charge by the insurer for namring TRUST as an additional insured. 9. Subcontractors Contractor may subcontract the performance of a portion of the services which are to be rendered by Contractor hereunder to any person or entity that las the necessary qualification and technical expertise. Any such subcontract shall not operate to relieve Contractor of its responsibilities hereunder, and Contractor shag remain primarily obligated for the performance of such services. Contractor shall not be responsible for the completion or quality of performance of contracts entered into by TRUST with construction contractor(s) or other third parties who are not subcontractors of Contractor, nor is Contractor responsible for the acts or omissions of such paries. 10. Standard of Care Contractor shall perform services pursuant to this Agreement using that level of,Bare and skill ordinarily sxerdsed by other general eontractowconsrltants acting under similar circumstances. Contractor makes no warranty, either expressed or Implied, as to its findings, recommendations, specification, or professional advice except that they are prepared or made by Contractor in accordance with generally accepted contracting and or engineering.practices. 11. Delay in Completion Contractor shag not be responsible of damages or deemed to be in default for delays in performance by reason of strikes, labor unrest, boycotts, lockouts, accidents, acts of God, inclement weather, shortages or unavailability of labor at established area wage rates, failure of TRUST or TRUST's