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It <br /> KL E/NFEL DER <br /> Bright People.Right Solutions. <br /> During the course of field activities performed by others, hazardous materials may be <br /> discovered. Unless caused by the negligence or willful misconduct, Kleinfelder will <br /> assume no responsibility or liability whatsoever for any claim, loss of property value, <br /> damage, or injury that results from pre-existing hazardous materials being encountered <br /> or present on the project site, or from the discovery of such hazardous materials. <br /> Nothing contained in this proposal should be construed or interpreted as requiring <br /> Kleinfelder to assume the status of an owner, operator, generator, or person who <br /> arranges for disposal, transport, storage or treatment of hazardous materials within the <br /> meaning of any governmental statute, regulation or order. <br /> Kleinfelder will perform its services in a manner consistent with the standards of care <br /> and skill ordinarily exercised by members of the profession practicing under similar <br /> conditions in the geographic vicinity and at the time the services will be performed. No <br /> warranty or guarantee, expressed or implied, is part of the services offered by this <br /> proposal. <br /> The safety of our employees is of paramount concern to Kleinfelder. You will be <br /> notified if the location of your project represents a potential safety concern to our <br /> employees. Unsafe conditions for field work will require a modification of our estimated <br /> scope of work and associated fees. We will advise you of the additional costs <br /> necessary to mitigate these unanticipated conditions, if applicable. <br /> 95642.ENV/STO9P060 Page 6 of 6 April 2, 2009 <br /> Copyright 2009 Kleinfelder <br />