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k%J KLEINFELDER any hazardous materials observed at the project site, either before or during performance of Kleinfelder's services. AKF Development 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. Kleinfelder will perform its services in a manner consistent with the standards of care and skill ordinarily exercised by members of the profession practicing under similar conditions in the geographic vicinity and at the time the services will be performed. No warranty or guarantee, expressed or implied, is part of the services offered by this proposal. All information gathered during the study by Kleinfelder is considered confidential and will be released only upon written authorization from the client or as required by law. California law requires a person to inform the state if a situation is encountered that can be considered an immediate endangerment to the public's health or welfare and/or to the environment. Therefore, the client will be contractually bound to make any said disclosures in lieu of Kleinfelder, its owners,principals, employees or subcontractors. 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 who wishes 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 fees presented in this proposal are based on prompt payment for services presented in the standard invoicing format. Additional charges will be applied for specialized invoicing if backup documentation is needed. These special services will be charged on a time and expense basis. Late fees will be charged if payment is not received in accordance with terms contained in our contract. 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. C20-3978-03.MTG/2002P 134 Page 6 of 6 Copyright 2002,Kleinfelder,Inc. April 29,2002