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24323 Hwy 99,Acampo,CA 6353233ES4II <br /> -2- <br /> 1.0 LIMITATIONS <br /> The opinion expressed herein is based on the information collected during our study, our present understanding of <br /> the site conditions and our professional judgment in light of such information at the time of preparation of this <br /> report. No warranty is either expressed,implied or made as to the conclusions,advice and recommendations offered <br /> in this report. <br /> Our investigation was performed using the degree of care and skill ordinarily exercised, under similar <br /> circumstances,by reputable Engineers and Geologists practicing in this or similar localities.The samples taken and <br /> used for testing and the observations made are believed representative of the study area; however, soil and/or <br /> groundwater samples can vary significantly between borings,test pits,and/or test sample locations. <br /> The interpretations and conclusions contained in this report are based on the results of laboratory tests and analysis <br /> intended to detect the presence and concentration of certain chemical constituents in samples taken from the subject <br /> property. Such testing and analysis have been conducted by an independent laboratory which is certified by the State of <br /> California to conduct such test analyses and which used methodologies mandated by the Environmental Protection <br /> Agency or the State Department of Health Services in the performance of such test and analyses. The consultant has no <br /> involvement in,or control over,such testing and analysis,and has no non-laboratory means of confirming the accuracy <br /> of such laboratory results. The consultant,therefore,disclaims any responsibility for any inaccuracy in such laboratory <br /> results. <br /> The findings,conclusions and recommendations in this report are considered valid as of the present date. However, <br /> changes in the conditions of the property can occur with the passage of time,due to natural process or the works of <br /> man on this or adjacent properties. In addition, changes in applicable or appropriate standards may occur. <br /> Accordingly,portions of this report may be invalidated wholly or partially by the changes beyond our control. <br /> INDEPENDANT CONTRACTOR STATUS <br /> In performing Services under the scope of work contained in this Report and agreed Contract/Agreement, Odic <br /> Environmental shall operate as,and have the status of,an independent contractor. <br /> PROFESSIONAL RESPONSIBILITY <br /> ODIC ENVIRONMENTAL shall perform the Services consistent with that level of care and skill ordinarily <br /> exercised by other professional consultants under similar circumstances at the time the Services are performed. <br /> Client hereby acknowledges that whenever a Project involves hazardous or toxic materials there are certain inherent <br /> risk factors involved (such as limitations on laboratory analytical methods, variations in subsurface conditions, <br /> economic loss to Client or property owner,a potential obligation for disclosure to regulatory agencies,a potential for <br /> a decrease in market value of real property, and the like) that may adversely affect the results of the Project, even <br /> though the Services are performed with such skill and care.No other representation,warranty,or guarantee,express <br /> or implied,is included or intended by the scope of work contained in this Report and agreed Contract/Agreement. <br /> LIMITATION OF LIABILITY <br /> Client agrees that the liability of ODIC ENVIRONMENTAL and all officers,employees,agents,and subcontractors <br /> of ODIC ENVIRONMENTAL(the"ODIC ENVIRONMENTAL Parties")to Client for all claims,suits,arbitration, <br /> or other proceedings arising from the performance of the Services under the scope of work contained in this Report <br /> and agreed Contract/Agreement, including, but not limited to, ODIC ENVIRONMENTAL's professional <br /> negligence, errors and omissions, or other professional acts, shall be limited to ODIC's professional liability <br /> insurance coverage amount. ODIC ENVIRONMENTAL Parties are not liable for any indirect, incidental or <br /> consequential damages,lost profits,lost revenue,or loss of property value based on the Services provided as part of <br /> the scope of work contained in this Report and agreed Contract/Agreement. <br /> ODIC Environmental. <br />