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iotaCGRS <br /> ENHANCED <br /> CGRS, INCaProposal Initial <br /> STANDARD TERMS AND CONDITIONS Page 3 of 3 <br /> 14) CGRS may terminate this Agreement at any time on wall notice to the Customer If a petition is brought under the present or any future federal or stale bankruptcy or Insolvency act seeking any <br /> reorganization, readjustment, Ilquidalion, dissolution or similar relief with respect to Customer, if a meeker is appointed for Customer, or if, In CGRS' opinion, Customer becomes Insolvent or its cook <br /> becomes Impaired. Customer stma l sat the written request or CGC✓S Prior to commencement ide�rmrng Work antl thereafter, tarnish to CGRS reasonable evidence that financial <br /> arrangements have been made to fulfill Coalomees Obligations under the Agreement. Furnishing of such evidence shall be a condition recr�ede LI to commencement or eontinuatlon pj the <br /> Performance <br /> oflllori.�Afier such evidence has been furnished. Customer shall not remedially vaunt such financial arrangements without Prior notice to CORS. <br /> 16) This Agreement shall supersede any prior agreements between the parties covering the subject matter hereof. The entire agreement covering the Work to be furnished hereunder is contained herein <br /> and any different or additional terms or Conditions In any purchase orders or agreements Issued by Customer shall be deemed null and void. Failure by CGRS to enforce any of the terms or conditions <br /> contained herein in a particular Instance or Instances shall not constitute a waiver thereof nor preclude subsequent enforcement of same. <br /> 16) CUSTOMER acknowledges that certain Information provided by CORS In rendeMg Ne Work hereunder is either patented, a trade secret or other proprietary Information of CGRS. CUSTOMER will <br /> keep Confidential and prevent the disclosure of Confidential Information (defined below) to or for anyone other than CGRS. The above obligations Incurred by CUSTOMER will not apply, however, to <br /> Information that Is either W known to the public, (10 CUSTOMER Can an" by Its written records that such Information was known on a non-confidenlial basis by CUSTOMER prior to [be disclosure by <br /> CGRS, orf all CUSTOMER can show by Its written records that such information was lawfully disclosed on a non Confidential basis to CUSTOMER by a third party subsequent to the disclosure by CGRS. <br /> Confidential Information shall mean N any and all patentable and unpatentable Invenlions, discoveries, imprevements, trade secrets, Information, know-how and data, whether technical, non-technical, <br /> economic or othmwlse, which Is In any way disclosed to CUSTOMER by or on behalf of CORS in the course of, as a result of or In Connection with the Work provided hereunder and gg all diagrams, <br /> plans, devices, specifications, data and notes, memoranda and other wi prigs of a technical, non-technical or economic nature which are fern shed to CUSTOMER by CGRS In rendering the Work <br /> hereunder. Such Confldengal Information will be and remain the property Of CGRS or an affiliate. No right or license, either express or Implied, under any patent, trademark, Copyright or Confidential <br /> Information Is granted hereunder. <br /> 17) if CGRS Is hired to assist In pretesting of the system prior to The actual Enhanced Leak Detection (ELD) lest, CGRS will make its best effort to discover and Identify such leaks, but makes no <br /> guarantee To the effectiveness of such pre-lest and repairs with respect to the outcome of the ELD test result. CUSTOMER will pay CGRS for any requested service, regardless of the outcome of such <br /> EID1est. Passing the pre-test does not In anyway guarantee a passing resell during the final ELD test. No warrantles by CGRS shalt be Implied or Otherwise created Under any applicable law. <br /> 16) CGRS shall not be liable for any Indirect damages, costs, fees or revenue loss, associated with delay of opening the Facility, including Inability Of CGRS to schedule or complete project on date <br /> requested by the CUSTOMER or CUSTOMER'S agent. CGRS will not be responsible for any Cost associated with CUSTOMER'S conlractor(s) presence on the site during the time of the test. CGRS <br /> shall not be liable for any cost to repair leaking systerl including removal and replacement of conamtelasphalt or backfill material. <br /> 19) If project Is cancelled by Customer during *rafter mobilization to The Facility, a mobilization charge will apply. lithe crew cannot be utilized for another area project during the same calendar dale(s), <br /> the base rate for the Pretest anchor Final Test may apply. <br /> 20) Health & Safety. This proposal assumes that fieldwork will be conducted in Level D. CGRS' field personnel have completed OSHA CFR 1910.120 40-hour training and annual 8-hour refresher <br /> 21) It Is understood! that any variations Of the specifics provided may change final price. <br /> 22) Test results will be provided to the client, local regulators and SWRCB (State Water Resources Control Board) upon receipt of final payment for Wok performed at The location. <br /> 23) C.G.R.S., Inc. reserves the right to add a fuel or material surcharge if this project Is not completed within the nex160 days. <br /> 24) It is understood that any schedule Changes must be made no less than 48 hours (business days) Puerto the scheduled test date. Schedule changes made without 48 hours modification will result Ina <br /> $1500 foe for each occurrence. CGRS' Scheduling phone number Is 818-991-1100 Monday through Friday from Sam to Spm. My Calls received made after boos or on weekends will be considered as <br /> being received on the next business day (business days are Monday through Friday only). <br /> 26) The I his document on behalf of customer warrants that lathe has been duly authorized to sign It on behalf of Customer, and has authority to Stan on behalf of Customer. <br /> 26) This contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-1A(a), 60300.5(a) and 60.741.6(a). These regulations prohibit discrimination against qualified <br /> Individuals based on their status as protected veterans or Individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual <br /> orientation, gender Identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance In <br /> employment individuals without regard to race, Color, religion, sex, sexual orientation, gentler Identity, national origin, protected veteran status or disability. <br /> CALIFORNIA PRELIMINARY NOTICE INFORMATION <br /> In Accordance with the Construction and contractor laws Of the Slate of California the following Information Is requested for completion of project work <br /> BP/Afro 2510 S. State Hwy g9 West Stockton, CA 95205 <br /> PROJECT LOCATION: <br /> 0 0 0 <br /> PROPERTYOWNER: <br /> LEASEHOLDER: <br /> CONSTRUCTION <br /> LENDER: <br /> FEDERAL TAX IO <br /> NUMBER: <br /> ACCEPTED BY: CORE; OFFICER: <br /> DATE: DATE: <br />