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KLEINFELDER 11 LIMITATIONS Kleinfelder prepared this draft PEA Workplan in accordance with generally accepted standards of care which exists in San Joaquin County at this time. It should be recognized that definition and evaluation of subsurface 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. No warranty, expressed or implied, is made. 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. Nothing contained in this draft PEA Workplan should be construed or interpreted as requiring Kleinfelder to assume the status of an owner, operator, generator, or person who arranges for disposal, transport, storage or treatment of hazardous materials within the meaning of any governmental statute, regulation or order. Delta Plating Inc. will be solely responsible for notifying all governmental agencies, and the public at large, of the existence, release, treatment or disposal of any hazardous materials observed at the project site, either before or during performance of Kleinfelder's services. Delta Plating Inc. will be responsible for all arrangements to lawfully store, treat, recycle, dispose, or otherwise handle hazardous materials, including cuttings and samples resulting from Kleinfelder's services. This document may be used only by the client and only for the purposes stated, and within a reasonable time from its issuance. Land use, site conditions (both on site and off site) or other factors may change over time, and additional work may be required with the passage of time. Any party other than the client or regulatory agencies having enforcement jurisdiction, who wish to use this document is requested to notify Kleinfelder of such intended use in writing. Based on the intended use of the document, Kleinfelder may require that additional work be performed and that an updated document be issued. Non-compliance with any of these requirements by the client or anyone else will release Kleinfelder from any liability resulting from the use of this document by any unauthorized party. The safety of our employees is of paramount concern to Kleinfelder. You will be notified if the location of your project represents a potential safety concern to our employees. Unsafe conditions for field work will require a modification of our estimated scope of work and associated fees. We will advise you of the additional costs necessary to mitigate these unanticipated conditions, if applicable. 57252.T02/ST05R999/DH:ly Page 27 of 29 ©2006 Kleinfelder, Inc. September 1,2005