SITE INFORMATION AND CORRESPONDENCE

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17a" wtiC u:-IaXm arum U' rI&ILL MVESTIGATIV 7986050 P. 8 agents, contractors or subcontractor to furnish Information or t0 approve or disapprove Contractor's work promptly, late Or faulty peerf mwce by TRUST, other contractors or governmental agencies, the Performance of whose work is praradent to Or cOn0xMt with the performance or Contractor's work, or other delays which an unavoidable Or beyond Contractor's reasonable control. In the ewe of any uch delay, the time of completion shall be extended by alike number of days. 12. hfdewmi_/_JGagM (a) Except for any such personal injury or property damage caused by the negligent act or vAfui misconduct Of Contractor, TRUST shad defend. hndermadfy and hold harmless Contractor, its principals, officers, partners, subcontractor and employees, from and egoist any and all claims, judgement, dabr7ities, losses, expenses or damages (Including, civil Ane$, reasonable attorney's fees and other costs and expenses incident therato) arising from any personal injury, property damage, a civil action, criminal action Including any damage to natural resources, Incident to or in connection with Contractor's pefor ernes of the project. (b) AN documents generated by Contactor in aomneebOn with the Project Shall remain the property of Contractor'. Contractor shad Provide copian of any such doc rnanb to TRUEST upon request. TRUST shall defend Indwaft and hold Contractor harmless from any and sin donne including reasonable ettomey's fees arising oast of any rause of said documents by TRUST for any Purpose other than the Protect without obtaining Contractor's prior written consent. 13. Status of Contra= CoxntractOr is an independent contractor, and Is not acting as an agent or employes of TRUST In the Performance Of the Project. Contractors by law ars required to notify their clients that kngWrW$ as to the status and type Of foemo:es held by a bushass may be made to the contractors State Lhoanse Board (CSLB) located at 9835, Goethe Road Seaamerrto, CA 95826;in addition clients may contact the CSLB information Ina at 1-800-321-2752- 14. Entire Agmarlent- Modification. waiwar This Agnernent and any subeequernt wort authorizations issued by TRUST hereunder corletitute the entire agreement of the parties and supersede any and all prior contemporaneous written or ori negobatiors,correspondence, understanding and agreements between the parties respecting the subject matter hereof. No supplement, mowdfihation, Or amanmh wd to this Agreement shah be binding unless executed in writing by both parties. In the event that any changes in the pias and specifications which affect Contractor's work am made by TRUST or persons other than Contractor, any and all liability arising out of such dances is hereby waved agaist Contractor, and TRUST asatunes full responaibliity for Much changes unless Contractor has received prior written notice and given written consent for such channges. No waiver Of any of the provisions Of this Agreement shad be deemed or shad constitute a waiwr of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver: No waiver shah be binding wdess executed len writing by the party making the waiver. if any Provhelons Of this Agreement shad be deemed unenforceable for ary mason by a court of competent lurisdction, it shah in no way affect any other proviMion Of the Agreement, and to the extent permitted by law. this Agreeme t shall otherwise I", in len full face and effect 1 S. The individual or individuals who sign this Agreement On behalf of TRUST represent and warrant that they are duty authorized agents Of TRUST. This Agnernent shah be binding upon and shah inure to the benefit of the parties and their respective heirs, successors and assigns. Neither TRUST nor Contractor may assign any or all Of its rights or obligation hereunder without the prior written consent of the other. 16. Notices Any written notice, report or other communication required or perodtted to be given under this Agreement shah be dawned sufficiently given when delivered personally or upon depoak in the United States mail, first-class postage prepaid, or when sent by an established courier, addressed as referenced an page 1. 17. Headirlas The subject headings Of the paragraphs of this Agreement am prWded for convenience and and shall not affect the construction Or interpretation Of any of the provisions hereof. 18. Ca ntemarts This Agreement may be executed in multiple counterparts and each such executed counterpart shall be deemed an original, but all of which together shah constitute a single instrument.