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LIMITATION OF LIABILITY
<br /> Client agrees that the liability of ENCON and all officers, employees, agents, and subcontractors of
<br /> ENCON (the "ENCON Parties")to Client for all claims, suits, arbitration, or other proceedings arising from
<br /> the performance of the Services under the scope of work contained in this Report and agreed
<br /> Contract/Agreement, including, but not limited to, ENCON's professional negligence, errors and
<br /> omissions, or other professional acts, shall be limited to the professional and general liability coverage
<br /> amount. ENCON Parties are not liable for any indirect, incidental or consequential damages, lost profits,
<br /> lost revenue, or loss of property value based on the Services provided as part of the scope of work
<br /> contained in this Report and agreed Contract/Agreement.
<br /> HAZARDOUS OR UNSAFE CONDITIONS
<br /> Client has fully informed ENCON of the type, quantity, and location of any hazardous, toxic, or dangerous
<br /> materials or unsafe or unhealthy conditions that may affect the Project which Client knows to exist. If
<br /> Client hereafter becomes aware of any such information, Client shall immediately inform ENCON. The
<br /> discovery of unanticipated hazardous, toxic, or dangerous materials or unsafe or unhealthy conditions
<br /> constitutes a Changed Condition that may justify a revision to Services and/or Fees. If ENCON takes
<br /> emergency measures to protect the health and safety of ENCON Parties and/or the public or to prevent
<br /> undue harm to the environment, the Fee shall be appropriately adjusted to compensate ENCON for the
<br /> cost of such emergency measures.
<br /> RIGHT OF ENTRY
<br /> Client agrees to grant or arrange permission for right of entry from time to time by ENCON Parties upon
<br /> all real property included in the Project Site(s)where the Services are to be performed, whether or not the
<br /> Project Site(s) is owned by Client. Client recognizes that the use of investigative equipment and practice
<br /> may unavoidable alter conditions or affect the environment at the existing Project Site(s). ENCON will
<br /> operate with reasonable care to minimize damage to the Project Site(s). The cost of repairing such
<br /> damage will be borne by Client, and in not included in the Fee unless otherwise stated.
<br /> UNDERGROUND UTILITIES
<br /> Client shall correctly designate on plans to be furnished to ENCON, the location of all subsurface
<br /> structures, such as pipes, tanks, cables, and utilities within the property lines of the Project Site(s) and
<br /> shall be responsible for any damage inadvertently cause by ENCON to any such structure or utility not so
<br /> designated.
<br /> REPORTING AND DISPOSAL REQUIREMENTS
<br /> Nothing contained in this Report shall be construed or interpreted as requiring ENCON to assume the
<br /> status of an owner, operator, generator, person who arranges for disposal, transportation, storage,
<br /> treatment, or a disposal facility as those terms appear within any federal or state statute governing the
<br /> treatment, storage, and disposal of hazardous substances or wastes. Client shall be solely responsible for
<br /> notifying all appropriate federal, state, municipal, or other governmental agencies of the existence of any
<br /> hazardous, toxic, or dangerous materials located on or in the Project Site(s), or discovered during the
<br /> performance of the scope of work contained in this Report and agreed Contract/Agreement. Client agrees
<br /> that ENCON is not responsible for disclosures, notifications, or reports that may be required to be made
<br /> to third parties. Client shall be responsible for making and paying for all necessary arrangements to
<br /> lawfully store, treat, recycle, dispose of, or otherwise handle hazardous or toxic substances or wastes,
<br /> including but no limited to, samples and cuttings, to be handled in connection with the Project.
<br /> Encon Solutions, Inc.
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