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THE LABORATORIES *N�C ANALYTICAL CHEMISTRY • ENVIRONMENTAL SERVICES GEOTECHNICAL ENGINEERING • DRILLING SERVICES CONSTRUCTION INSPECTION & MATERIALS TESTING Agreement Between Client and Consultant Project No. TLP 3794-445 Contract No. C-194-0197 Agreement entered into at Modesto, California made this 10th day of October, 1994, by and between Client: Consultant: Gum Name The Twining Laboratories, Inc. Address 731 Birchwood Drive Address 4230 Kiernan AvenVIII# IfYite WS Lodi, California 95240 Modesto, California 95356 Phone (209) 545-1050 FAX (209) 545-1147 Client and Consultant Agree as Follows: Client intends to: Retain consultant to perform Environmental Services for the property located at 303 South Cherokee bane, Lodi, California as detailed in Section A below: hereinafter called "project". A. Consultant agrees to perform the following scope of services: Perform soil investigation as outlined in the attached proposal, identified as TLP-3794-445, dated December 1, 1994. B. Client agrees to compensate consultant for such services as follows: Per the attached proposal, TLP 3794-445, dated December 1, 1994, an estimated fes of $9,950. Payment is due and payable upon receipt of the invoice. A finance charge will be added to all balances over thirty days old. The finance charge is computed at a rate of 1.51 per month which is an annual rate of 151. C. This Agreement is subject to provisions 1 through 42 contained herein, and the terms and conditions contained in initialed exhibits attached herewith and made a part hereof. (List exhibits below.). Provisions of Agreemment Client and niLant Sot*a,tliit the fallering provisions shall be past a1't]iKmit eQ>t eht:~ 1. This agreement shall be binding upon the heirs, executors, administrators, successors and assigns of client and consultant. 2. This agreement shall not be assigned by either client or consultant without the prior written consent of the other. 3. This agreement contains the entire agreement between client and consultant relating to the project and the provision of services to the project. Any prior agreements, promises, negotiations or representations not expressly set forth in this agreement are of no force or effect. Subsequent modifications to this agreement shall be in writing and signed by both client and consultant. 4. Consultants' waiver. of any term, condition, or covenant, or breach of any term, condition, or covenant, shall not constitute the waiver of any other term, condition, or covenant, or the breach of any other term, condition, or covenant. 5. If any term, condition, or covenant of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this agreement shall be valid and binding on client and consultant. 6. This agreement shall be governed by and construed in accordance with the laws of the State of California. 7_ Consultant shall only act as an advisor in all governmental relations. Pagel of4(7/93) THE TWINING LABORATORIES,INC. CORPORATE OFFICE: MODESTO VISALIA BAKERSFIELD 2527 Fresno Street 4230 Kiernan Ave.Suite 105 2521 E.Valley Oaks Drive 3701 Pegasus Drive,Suite 124 Fresno,CA 93721 Modesto,CA 95356 Visalia,CA 93292 Bakersfield,CA 93308 (209)268-7021 •Fax 268-7126 (209)545-1050 (209)625-1712 (805)393-5088 Chemistry Fax 268-0740 Fax 545-1147 Fax 625-1714 Fax 393-4643