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Earth Systems Environmental , Inc. A Member of the Earth Systems Group rVOW 555 West Benjamin Holt, Suite 322, Stockton, CA 95207 • (209) 957-5317 • Fax (209) 957-4887 EXHIBIT A TERMS FOR ENVIRONMENTAL ASSESSMENT SERVICES SECTION 1: THE AGREEMENT 1.1 The agreement between the parties consists of these terms, the attached proposal and any exhibits or attachments noted in the proposal. Together these elements will constitute the entire agreement superseding any and all prior negotiations, correspondence, or agreements either written or oral. Any changes to this agreement must be mutually agreed to in writing. SECTION 2: STANDARD OF CARE 2.1 The client recognizes that subsurface conditions may vary from those observed at locations where borings, surveys, or explorations are made, and that site conditions may change with time. Data, interpretations, and recommendations by Earth Systems Environmental, (hereinafter referred to as ESE) will be based solely on information available to the consultant. ESE will not be responsible for other parties' interpretations or use of the information developed. 2.2 Services performed by ESE under this agreement are expected by the client to be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the environmental consulting profession practicing contemporaneously under similar conditions in the locality of the project. No other warranty, expressed or implied, is made. SECTION 3: SITE ACCESS AND SITE CONDITIONS 3.1 Client will grant or obtain free access to the site for all equipment and personnel necessary for ESE to perform the work set forth in this agreement. Client will grant or obtain permission for ESE personnel to photograph the site. The client will notify any and all possessors of the project site that client has granted ESE free access to the site. ESE will take reasonable precautions to minimize damage to the site, but it is understood by client that, in the normal course of work, some damage may occur and the correction of such damage is not part of this agreement unless so specified in the proposal. 3.2 The client is responsible for the accuracy of locations for all subterranean structures and utilities. ESE will take reasonable precautions to avoid known subterranean structures, and the client waives any claim against ESE, and agrees to defend, indemnify, and hold ESE harmless from any claim or liability for injury or loss, including costs of defense, arising from damage done to subterranean structures and utilities not identified or accurately located. In addition, client agrees to compensate ESE for any time spent or expenses incurred by ESE in defense of any such claim with compensation to be based upon ESE's prevailing fee schedule and expense reimbursement policy.