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File No. 20-3978-01.1302 KLEINFELDER November 5, 1996 > This proposal is based on the presumption that Atherton Kirk Development will clearly mark utilities and will provide any and all available survey maps or other data to determine the location of tanks, existing structures, underground utilities and services. The client should be aware that penetrating the site's surface is inherently risky. It is impossible to determine with certainty the precise location of all structures which may be buried in the ground. Kleinfelder's fee is not adequate to compensate for both the performance of the services and the assumption of risk of damage to such structures. Disruption of utilities or damage to underground structures and repair will be the responsibility of the client. Services rendered by Kleinfelder to repair them will be billed at cost. Underground Services Alert (USA) at 1-800-642-2444 provides a partial location service free of charge for major utility lines. Kleinfelder can make contact with USA for a site visit, if requested. LIMITATIONS Kleinfelder prepared this proposal in accordance with generally accepted standards of care which exist in Northern California at this time. It should be recognized that definition and evaluation of geologic and environmental conditions are a difficult and inexact science. Judgments leading to conclusions and recommendations are generally made with incomplete knowledge of the subsurface conditions present. More extensive studies, including subsurface investigations, may be performed to reduce uncertainties. If the client wishes to reduce the uncertainties beyond the level associated with this proposal Kleinfelder can be notified for additional consultation. No warranty, expressed or implied, is made. Regulations and professional standards applicable to Kleinfelder's services are continually evolving. Techniques are, by necessity, often new and relatively untried. Different professionals may reasonably adopt different approaches to similar problems. Therefore, no warranty or guarantee, expressed or implied, will be included in Kleinfelder's scope of service. During the course of the performance of Kleinfelder's services, hazardous materials may be discovered. Kleinfelder will assume no responsibility or liability whatsoever for any claim, loss of property value, damage, or injury that results from pre-existing hazardous materials being encountered or present on the project site, or from the discovery of such hazardous materials. 20-3978-O1.PO2/MP960129 Page 8 of 0 1996, Kleinfleder, Inc.