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(h) Construction-Pliase Services-If CONDOR is retained by CLIENT to provide a site representative for the purpose of monitoring specific portions of construction work or other field activities as set forth in the PROPOSAL, then this phase applies. For the specified assignment,CONDOR will report observations and professional opinions to CLIENT. No action of CONDOR or CONDOR's site representative can be construed as altering any AGREEMENT between CLIENT and others. CONDOR will report to CLIENT any observed geotechnically related work which,in CONDOR's professional opinion, does not conform with plans and specifications. CONDOR has no right to reject or stop work of arty agent of the CLIENT. ) Such rights are reserved solely for CLIENT. Furthermore, CONDOR's presence on site does not in any way guarantee the completion or quality �J of the performance of the work of any parry retained by CLIENT to provide field or construction-related services. CONDOR will not be responsible for and will not have control or charge of specific means, methods, techniques, sequences or procedures of construction or other field activities selected by any agent or agreement of CLIENT, or safety precautions and programs incident thereto. i I (i) Drill Cuttings and Fluids-CLIENT recognizes that,when it is known,assumed or suspected that hazardous materials exist beneath the surface of the project site,certain waste materials.such as drill cuttings and drilling fluids,should be handled as if contaminated. Accordingly.to protect human health and safety as well as the environment,CONDOR will appropriately contain and label such materials; will promptly inform CLIENT that such containerization and labelling has been performed,and will leave the containers on site for proper,lawful removal,transport and disposal by CLIENT. CLIENT waives any claim azainst CONDOR and agrees to defend, indemnify and hold CONDOR harmless from any claim or liability for injury or loss which may arise as-a result of the drill cuttings, drilling fluids or other assumedly hazardous materials being left on site after their containerization by CONDOR. 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. 0) Joint and Several Liability-If hazardous materials art encountered in this project, it is possible that the concept of joint and several liability could be construed to make CONDOR partly or wholly responsible for damages created directly or indirectly by the hazardous materials. CLIENT agrees that it would be unfair for CONDOR to be exposed to such an action because CONDOR had nothing whatsoever to do with the creation of the hazardous condition. 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 arising from application of a joint and several liability concept that would in any manner hold or seek to hold CONDOR responsible for creating a hazardous materials condition or permitting one to exist. 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. i I (k) Indemnification by CONDOR- CONDOR agrees to hold harmless and indemnify CLIENT from and against liability arising out of CONDOR's e7-- negligent negligent performance of the work,subject to any limitations,other indemnifications or other provisions CLIENT and CONDOR have agreed to. } (1) Extension of Protection-CLIENT agrees to extend any and all limitations,indemnifications and waivers provided by CLIENT to CONDOR to those individuals and organizations CONDOR retains for proper execution of the work. These shall be deemed to include. but not necessarily be limited to.CONDOR's officers and employees and their heirs and assigns,as well as CONDOR's agents,subconsultants and subcontractors and their officers, employees, heirs and assigns. (m) Subsurface Risks - CLIENT recognizes that special risks occur whenever engineering or related disciplines are applied to identify subsurface conditions. Even a comprehensive sampling and testing program,implemented with the appropriate equipment and experienced personnel under the direction of a trained professional who functions in accordance with a professional standard of care may fail to detect certain conditions,because they are hidden and therefore cannot be considered in development of a subsurface exploration program. For similar reasons, actual environmental, geologic and geotechnical conditions that CONDOR properly infers to exist between sampling points may differ significantly from those that actually exist. The passage of time also must be considered,and CLIENT recognizes that,due to natural occurrences or direct or indirect human intervention at the site or distant from it,actual conditions discovered may quickly change. CLIENT realizes that nothing can be done to eliminate these risks j altogether.but certain techniques can be applied by CONDOR to help reduce them to that level deemed tolerable by CLIENT. CONDOR is available to explain these risks and risk reduction methods to CLIENT but, in any event,the scope of services included with this Agreement is that which CLIENT agreed to or selected in light of his own risk preferences and other considerations. r• (n) Holding CONDOR Harmless-CLIENT understands that"holding CONDOR harmless"would,among other things,require CLIENT to compensate CONDOR for any time spent or expenses incurred by CONDOR in defense of any claim for which CLIENT has agreed to indemnify CONDOR, and that such compensation will be based upon CONDOR's prevailing fee schedule and expense reimbursement policy. 4