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— ai n �. .► `� O O Agreement J,\� 3, EnviroQuest and the agents of EnviroQuest agree not to violate the confidentiality of the client tbxough the release of a dis, .ic _ contraenal agreements,analysis n=ubs,processing procedures and any information considered proprietsy by the client. In the event EnviroQuest err its agents are required to disclose such information pumustu to a court order,then this provision shall be waived by the clic- 4. lic4. Client recognizes that S3W relies on statistical analysis of daa provided by client which may not be capable of producing a conch analysis. Results only iodinate possibilities or trends Env rvQuen Technologies or its agents are not responsible or liable Cor analyses w while statistically •^^^^r" do not identify leaps or other failures. In no event whether as a result of breach of contract. warranty, (including negligence and strict liability)or otherwise.shall EnviroQuwt Technologies or its agents be liable for any special,consequ .. incidental or penal damages,including but not limited to,loss of profit or revenues. loss of use or cost of repair of USTs or any assoc: equipment cost of substitute or replacement services.cost of repair or damages caused by undo ected leaks or damages to the environ. down time costs or claims of client w anyone claiming through client for my such darnager,nor shall EnviroQucst Technologies'or is age total liability to client for my and all loss or damage arising out of or resulting from this agreement or from its performance or breach,or the services furnished bercunder, exceed the price of the service provided during one yetis tem of titin agreement with respect to a spec UST which gives rise to the claim. Any such liability shall terminate upon the a piradon of this agrcmeat 5. The client agrees that if EnviroQuest Technologies or its agents. provide client with recortunndadons. advice or other assistance w concerns my service supplied hereunder, the furnishing of such recommendations. advice or assistance will not subject EnviroQ Technologies or its ag—to my liability,whether in coneact.warranty,tort(including negligence and strict liability)or otherwise. 6. Client shall hold harmless EnviroQuest Technologies and its agents,from,and indemnify against my and all actions.causes,losses peva and fines related to or arising out of cIInt's ownership, installation and operations of its USPs extent to the extent directly relate EnviroQuest Technologies' or its agents' gross negligence or willful misconduct. ENVIROQUIST TECHNOLOGIES AND ITS AGE DISCLAIM ALL OTiIER WARRANTIES. EXPRESSED OR IMPLIED. INCLUDING WITHOUT (..IMITATION THE IMPL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USF- 7. SE7. This contract shall be binding upon the paries and their resw.cuve sneeessors'and usigns. This agreement may not be assigned by c' Without the written consent of EtrviroQucu Technologies. Envie Q est Technologies may assign all or pat of its rights,obligations and tit herein to a third parry. 9. This Agreement shall be effective as of the day and year above written and shall automatically renew for successive twelve month per unless notice is given,in writing,by either party 60 days in advance of said renewal data Any notice heretmder shall be sufficient if sec certified maul,reran moaipt requested, addressed to client at its primary place of business, and to Shields, Harper & 5107 Broadway, Oakland, California 94611 9. This agreement shallbe irumptered in accordance with the laws of the State of Missouri. In the event EnviroQuest Technologies or int a. and client have a disvate tender this Agreement they agree to atfemmt to resolve the dispute in good faith through negodation.mediatior simuar alternative dizpom resolution techniques If such good faith attempt to resolve the disvute is unsuccessful, the dspum shal . submitted to abitradoo rules of the American Arbitration Association. The decision of the arbirr m shall be final and binding upor. parties hereto,and the jadgmeru therms may be entered in my court having jurisdiction. 10. In the event either parry commences a legal proceeding,including arbitration.to enforce arty of the provisions set forth in this agreement maucc- ful parry siallpay the prevailing party's reasonable attorney's fees,cosy and expenses relaxing to such action. 11. Should any pan of this agreemment become or be held to be invalid.the remaining portions sham remain in full force and effect 12 Any payments received mote than 15 days after due date are subject to a lam charge of 1096. Should client be more than 30 days late in Ps fees,EmiroQuest Tec logien or its agents may discontinue the monthly monitoring service mmril all snearages have been paid,or ma- EnYL-oQuost Technologies'updan.Lermizutte this ag—ent. .. _ 13. This document contains the entire agree. enc between the parties with respect to the subject mama hereof. Any modifications to this agree must be in writing,signed by both patties and attached herein. IN WI' NESS WHEREOF,the parties have executed this agreement as the day and year East above written. Envuest ologies,Ltd or.SNI a -0.S;/�.4�2 P�2 �- G--� - (Agent for EnviroQuest Technologies,Ltd). by- ft Chen - br r / _ r'