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GENERAL CONDITIONS BETWEEN GEOTECHNICAL CONSULTANT AND CLIENT SECTION 13: SEVERABILITY 13.1 Client and Geotechnical Consultant have entered into this AGREEMENT of their own free will, to communicate to one another mutual understandings and responsibilities. Any element of this AGREEMENT later held to violate a law or regulation shall be deemed void, and all remaining provisions shall continue in force. In addition, Client and Geotechnical Consultant will in good faith attempt to replace an invalid or unenforceable provision with one that is valid and enforceable, and which comes as close as possible to expressing the intent of the original provision. SECTION 14: SUBPOENAS 14.1 The Client is responsible, after notification, for payment of time charges and expenses resulting from General Contractor required response to subpoenas issued by any party in conjunction with General Contractor's work. Charges will be based on the fee schedule in effect at the time the subpoena is served. SECTION 15: PRECEDENCE 15.1 These general conditions shall take precedence over any inconsistent or contradictory provisions contained in any proposal, contract, purchase order, requisition, notice to proceed, or like document, whether written or oral, regarding Geotechnical Consultant's services. SECTION 16: SAFETY 16.1 Neither the professional activities of Geotechnical Consultant, nor the presence of Geotechnical Consultant or his employees and subcontractors, shall be construed to imply Geotechnical Consultant has any responsibility for methods of work performance, superintendence, sequencing of construction, or safety in, on or about the jobsite. Client agrees that the General Contractor is solely responsible for jobsite safety, and warrants that this intent shall be made evident in the Owner's agreement with the General Contractor. Client also warrants that Geotechnical Consultant shall be made an additional insured under the General Contractor's general liability insurance policy. 16.2 In the event Geotechnical Consultant expressly assumes health and safety responsibilities for toxic or other concerns specified, the acceptance of such responsibility does not and shall not be deemed an acceptance of responsibility for any other health and safety requirements, such as but not limited to those relating to excavating,trenching, drilling or backfilling. SECTION 17: DISPUTE RESOLUTION 17.1 All claims, disputes, and other matters in question between the parties to this AGREEMENT, arising out of or relating to this AGREEMENT or the breach thereof, shall be submitted to non-binding mediation under the auspices of American Intermediation Services, Inc, as a condition precedent to other remedies provided by law, unless the parties mutually agree otherwise. The cost of said mediation shall be split equally between the parties. 17.2 Mediation arising out of or relating to this agreement may include, by consolidation, joinder or in any voluntary manner, any additional person not a party to this agreement by mutual agreement of the parties. Any consent to mediation involving an additional person or persons shall not constitute consent to mediate any dispute not described therein. 17.3 This agreement to mediate and any agreement to mediate with any additional person or persons duly consented to be the parties to this agreement shall be specifically enforceable under the prevailing law of the jurisdiction in which this agreement was signed. SECTION 18: PUBLICITY 18.1 Client agrees to credit Geotechnical Consultant by name and title in all publicity, presentations, and public relations activities which mention the project. Geotechnical Consultant will publicly reveal project information only with Client's prior approval. Client also grants Geotechnical Consultant the right to place signs on the job site indicating Geotechnical Consultant's involvement with the project.