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hn KLEINFELDER
<br /> acceptable levels of risk. Acceptance of this Proposal/workplan will indicate Damrell, Nelson,
<br /> Schrimp, Pallios, Pacher & Silva has reviewed the scope of work and determined that it does not
<br /> need or want a greater level of service than will be provided. Any exceptions should be noted
<br /> and may result in higher fees.
<br /> Regulations and professional standards applicable to Kleinfelder's services are continually
<br /> evolving. Techniques are,by necessity, often new and relatively untried. Different professionals
<br /> may reasonably adopt different approaches to similar problems. Therefore, no warranty or
<br /> guarantee, expressed or implied, will be included in Kleinfelder's scope of service.
<br /> During the course of the performance of Kleinfelder's services, hazardous materials may be
<br /> discovered. Kleinfelder will assume no responsibility or liability whatsoever for any claim, loss
<br /> of property value, damage, or injury that results from pre-existing hazardous materials being
<br /> encountered or present on the project site, or from the discovery of such hazardous materials.
<br /> Nothing contained in this proposal/workplan should be construed or interpreted as requiring
<br /> Kleinfelder to assume the status of an owner, operator, generator, or person who arranges for
<br /> disposal, transport, storage or treatment of hazardous materials within the meaning of any
<br /> governmental statute, regulation or order. Damrell, Nelson, Schrimp,Pallios, Pacher& Silva will
<br /> be solely responsible for notifying all governmental agencies, and the public at large, of the
<br /> existence, release, treatment or disposal of any hazardous materials observed at the project site,
<br /> either before or during performance of Kleinfelder's services. Damrell,Nelson, Schrimp, Pallios,
<br /> Pacher & Silva will be responsible for all arrangements to lawfully store, treat, recycle, dispose,
<br /> or otherwise handle hazardous materials, including cuttings and samples resulting from
<br /> Kleinfelder's services.
<br /> Kleinfelder will perform its services in a manner consistent with the standards of care and skill
<br /> ordinarily exercised by members of the profession practicing under similar conditions in the
<br /> geographic vicinity and at the time the services will be performed. No warranty or guarantee,
<br /> expressed or implied, is part of the services offered by this proposal/workplan.
<br /> All information gathered during the study by Kleinfelder is considered confidential and will be
<br /> released only upon written authorization from the client or as required by law. California law
<br /> requires a person to inform the state if a situation is encountered that can be considered an
<br /> immediate endangerment to the public's health or welfare and/or to the environment. Therefore,
<br /> the client will be contractually bound to make any said disclosures in lieu of Kleinfelder, its
<br /> owners, principals, employees or subcontractors.
<br /> This document may be used only by the client and only for the purposes stated, and within a
<br /> reasonable time from its issuance. Land use, site conditions (both on site and off site) or other
<br /> factors may change over time, and additional work may be required with the passage of time.
<br /> Any party other than the client who wishes to use this document is requested to notify
<br /> Kleinfelder of such intended use in writing. Based on the intended use of the document,
<br /> Kleinfelder may require that additional work be performed and that an updated document be
<br /> issued. Non-compliance with any of these requirements by the client or anyone else will release
<br /> Kleinfelder from any liability resulting from the use of this document by any unauthorized party.
<br /> 02001PROP.ENV/STO4P347/KS:ss Page 7 of 8
<br /> Copyright 2004,Kleinfelder,Inc. August 16,2004
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