ARCHIVED REPORTS_XR0012930 - Laserfiche WebLink

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I (b) Information Provided By Others-CONDOR shall indicate to CLIENT the information needed for rendering of service hereunder.and CLIENT shall provide to CONDOR such information as is available to CLIENT. CLIENT recognizes that it is impossible for CONDOR to assure sufficiency of such information,either because it is impossible to do so.or because of errors or omissions which may have occurred in assembling the information. I Accordingly.CLIENT waives any ciaim against CONDOR and agrees to defend,indemnify and hold CONDOR harmiess from any claim or liability for injury or loss allegedly arising from errors,omissions or inaccuracies in documents or other information provided to CONDOR by CLIENT. Further, CLIENT agrees to compensate CONDOR for any time spent or expense incurred by CONDOR in defense of any claim. with such I' compensation to be based upon CONDOR's prevailing fee schedule and expense reimbursement policy. } i (c) Right to Enter -CLIENT shall provide for CONDOR's right to enter from time to time propem,owned by CLIENT and/or other(s) in order for CONDOR to fulfill the scope of services indicated hereunder. CLIENT understands that use of exploration equipment may unavoidably cause some j damage, the correction of which is not part of this Agreement. CLIENT also understands that the discovery of certain conditions and/or taking preventive measures relative to these conditions may result in a reduction of the property's value. Accordingly,CLIENT waives any claim against CONDOR and agrees to defend, indemnify and hold CONDOR harmless from any claim or liability for injury or loss allegedic arising from procedures associated with subsurface exploration activities or discovery of hazardous materials,or suspected hazardous materials. In addition, CLIENT agrees to compensate CONDOR for any time spent or expenses incurred by CONDOR in defense of any such claim.with compensation to be based upon CONDOR's prevailing fee schedule and expense reimbursement policy. -(d) Aquifer Contamination-Subsurface sampling may result in unavoidable contamination of certain subsurface areas,as when a probe or boring device '? moves through a contaminated area.linking it to an aquifer,underground stream,or other hydrous body not previously contaminated and capable ofspreading hazardous materials off-site. Because nothing can be done to eliminate the risk of such an occurrence,and because subsurface sampling is a necessary aspect of the work which CONDOR will perform on CLIENT's behalf,CLIENT waives any claim against CONDOR and agrees to defend, indemnifi, and hold CONDOR harmless from any claim or liability for injury or loss which may arise as a result of alleged cross- ;? contamination caused by sampling. CLIENT further agrees to compensate CONDOR for any time spent or expenses incurred by CONDOR in defense of any such claim, in accordance with CONDOR's prevailing fee schedule and expense reimbursement policy. (e) Buried Util ities-CLIENT will furnish to CONDOR information identifying the type and location of utility lines and other man-made oblects beneath the site's surface. CONDOR will take reasonable precautions to avoid damaging these man-made objects and will, prior to penetrating the site's surface, furnish to CLIENT a plan indicating the locations intended for these penetrations with respect to which CONDOR has been told are the locations of utilities and other man-made objects beneath the site's surface, CLIENT will approve the location of these penetrations prior to their being made and CLIENT will authorize CONDOR to proceed. CLIENT agrees to waive any claim against CONDOR,and to defend.indemnify and hold CONDOR harmless from any claim or liability for injure or loss allegedly arising from CONDOR's damaging underground utilities or other man-made objects that were not called to CONDOR's attention or which were not properly located on plans furnished to CONDOR CLIENT further agrees to compensate CONDOR for any time spent or expenses incurred by CONDOR in defense of any such claim,in accordance with CONDOR's !' prevailing fee schedule and expense reimbursement policy. 1 i � (f) Discovery of Unanticipated Hazardous Materials-Hazardous materials or certain types of hazardous materials may exist at a site where there is no ;. reason to believe they could or should be present. CONDOR and CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. CONDOR and CLIENT also agree that the discovery j of unanticipated hazardous materials will make it necessan•for CONDOR to take immediate measures to protect human health and safer.and/or the 1 environment. CONDOR agrees to notify CLIENT as soon as practically possible should unanticipated hazardous materials or suspected hazardous i materials be encountered. CLIENT encourages CONDOR to take any and all measures that in CONDOR's professional opinion are justified to preserve and protect the health and safety of CONDOR's personnel and the public, and/or the environment, and CLIENT agrees to compensate CONDOR for the additional cost of such work. In addition.CLIENT waives any claim against CONDOR,and agrees to indemnify.defend and hold CONDOR harmless from any claim or liability for injury or loss arising from CONDOR's encountering of unanticipated hazardous materials or suspected hazardous materials. CLIENT also agrees to compensate CONDOR for any time spent and expenses incurred by CONDOR in defense of any such claim.with such compensation to be based upon CONDOR's prevailing fee schedule and expense reimbursement policy. (n) Disposal of Samples-Soil, rock,water and/or other samples obtained from the Project site are the property of CLIENT. CONDOR shall preserve such samples for no longer than forty-five(45)calendar days after the issuance of any document that includes the data obtained from them.unless other arrangements are mutually agreed upon in writing. Should any of these samples be contaminated by hazardous substances or suspected hazardous substances,it is CLIENT's responsibility to select and arrange for lawful disposal procedures,that is,procedures which encompass removing f. the contaminated samples from CONDOR's custody and transporting them to a disposal site. CLIENT is advised that,in all cases,prudence and good judgment should be applied in selecting and arranging for lawful disposal procedures. j Due to the risks to which CONDOR is exposed,CLIENT agrees to waive any claim against CONDOR,and to defend,indemnify and hold CONDOR harmless from any claim or liability for injury or loss arising from CONDOR'S containing,labelling,transporting,tesdnrstoring or other handling of contaminated samples. CLIENT also agrees to compensate CONDOR for any time spent and expenses incurred by CONDOR in defense-of any such claim. with such compensation to be based upon CONDOR's prevailing fee schedule and expense reimbursement policy. 3 { LJ CONDOR