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1.0 LIMITATIONS The opinion expressed herein is based on the information collected during our study, our present understanding of the site conditions and our professional judgment in light of such information at the time of preparation of this report. No warranty is either expressed, implied or made as to the conclusions, advice and recommendations offered in this report. Our investigation was performed using the degree of care and skill ordinarily exercised, under similar circumstances, by reputable Engineers and Geologists practicing in this or similar localities. The samples taken and used for testing and the observations made are believed representative of the study area; however, soil and/or groundwater samples can vary significantly between borings, test pits, and/or test sample locations. The interpretations and conclusions contained in this report are based on the results of laboratory tests and analysis intended to detect the presence and concentration of certain chemical constituents in samples taken from the subject property. Such testing and analysis have been conducted by an independent laboratory which is certified by the State to conduct such test analyses and which used methodologies mandated by the Environmental Protection Agency or the State Department of Health Services in the performance of such test and analyses. The consultant has no involvement in, or control over, such testing and analysis, and has no non-laboratory means of confirming the accuracy of such laboratory results. The consultant, therefore, disclaims any responsibility for any inaccuracy in such laboratory results. The findings, conclusions and recommendations in this report are considered valid as of the present date. However, changes in the conditions of the property can occur with the passage of time, due to natural process or the works of man on this or adjacent properties. In addition, changes in applicable or appropriate standards may occur. Accordingly, portions of this report may be invalidated wholly or partially by the changes beyond our control. INDEPENDENT CONTRACTOR STATUS In performing Services under the scope of work contained in this Report and agreed Contract/Agreement, ENCON shall operate as, and have the status of, an independent contractor. PROFESSIONAL RESPONSIBILITY ENCON shall perform the Services consistent with that level of care and skill ordinarily exercised by other professional consultants under similar circumstances at the time the Services are performed. Client hereby acknowledges that whenever a Project involves hazardous or toxic materials there are certain inherent risk factors involved (such as limitations on laboratory analytical methods, variations in subsurface conditions, economic loss to Client or property owner, a potential obligation for disclosure to regulatory agencies, a potential for a decrease in market value of real property, and the like) that may adversely affect the results of the Project, even though the Services are performed with such skill and care. No other representation, warranty, or guarantee, express or implied, is included or intended by the scope of work contained in this Report and agreed Contract/Agreement. Encon Solutions, Inc. -2-