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�F indemnify and save ESE harmless from any claim or liability for injury or loss arising from the discovery of hazardous materials at the site. Client also agrees to adequately compensate ESE for any time spent and expenses incurred in defense of any such claim. SECTION 11: DISPOSAL OF HAZARDOUS MATERIALS 11.1 Contaminated drill cuttings, sample spoils, and wash water may he produced as a result of encountering hazardous materials at the site. Such materials will be properly contained, labeled, and stored on-site by ESE. It is the client's responsibility for the proper transportation and disposal of such hazardous materials. SECTION 12: FAILURE TO ENCOUNTER HAZARDOUS MATERIALS 12.1 It is possible that exploration activities may fail to detect the presence of hazardous materials at sites where such materials are assumed or expected to exist. Client understands that failure to discover hazardous materials through appropriate and mutually agreed-upon exploration techniques does not guarantee that hazardous materials do not exist at the site. Similarly, a site that is actually free of contamination at the time of exploration may become contaminated at some later time. Client waives any claim against, and agrees to defend, indemnify and save ESE harmless from any claim or liability for injury or loss which may arise from failure to detect the presence of hazardous materials through techniques commonly employed for that purpose. Client also agrees to adequately compensate ESE for any time spent and expenses incurred in defense of any such claim. SECTION 13: AOUIFER CONTAMINATION 13.2 The client recognizes that it is impossible for ESE to know the exact composition of a site's subsurface even after conducting a comprehensive exploratory program. As a result, there is a risk that drilling and sampling may result in contamination of certain subsurface areas, as when a boring passes through a contaminated zone, connecting it to one or more aquifers not previously contaminated and capable of spreading contamination. 13.2 Although ESE will take all reasonable precautions to avoid such an occurrence, client waives any claim against, and agrees to defend, indemnify and save ESE harmless from any claim or liability for injury or loss which may arise as a result of cross-contamination caused by drilling, sampling, or monitoring well installation. Client also agrees to adequately compensate ESE for any time spent and expenses incurred in defense of any such claim. SECTION 14: DISPUTES RESOLUTION 14.1 All claims, disputes, and other matters in controversy between ESE and client arising out of or in any way related to this agreement will be submitted to "alternative dispute resolution" (ADR) such as mediation and/or arbitration, before and as a condition precedent to other remedies provided by law. If and to the extent client and ESE have agreed on methods for resolving such disputes, then such methods will be set forth in the "Alternative Dispute Resolution Agreement" which, if attached, is incorporated and made a part of this agreement.