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r :.r and not be limited to normal king hours, and client further agrees to de44indemnify and hold consultant harmless from any and all liability, real or alleged, in connection with the performance of service on this project, excepting liability arising from the sole negligence of consultant. 39. In the event client discovers or becomes aware of changed field or other conditions which necessitate clarification, adjustments, modifications or other changes during the construction phase of the project, client agrees to notify consultant and engage consultant to prepare the necessary clarifications, adjustments, modifications or other changes to consultant's services or work project before construction activities commence or further activity proceeds. Further, client agrees to have a provision in its construction contracts for the project which requires the contractor to notify client of any changes in field or other conditions so that client may in turn notify consultant pursuant to the provisions of this paragraph. 40. Client agrees to limit the liability of consultant, its principals and employees, to client and to all contractors and subcontractors on the project, for any claim or action arising in tort or contract, to the sum of 2250,000. An increase in the limitation of liability can be negotiated for an additional fee. 41. Client agrees to purchase and maintain, during the course of construction, builder's risk "all risk" insurance which will name consultant as an additional insured as their interest may appear. if a dispute 42. (a) Notwithstanding any other provision of the Agreement and except for the provisions of (b) and (c), p arises regarding consultant's fees pursuant to this contract, and if the fee dispute cannot be settled by divisions between client and consultant, both client and consultant agree to attempt to settle the fee dispute by through the American Arbitration Association (or other mediation service] before recourse to arbitration. 4s� If mediation does not resolve the fee dispute, such dispute shall be settled by binding arbitration in accordance with IVA *try Arbitration Rules of the American Arbitration Association, and judgment upon the away rendered by ow Arbitrator(s) may be entered in any court having jurisdiction thereof. (b) Subdivision (a) does not preclude or limit consultant's right to elect to file an action for collection of tees if the amount in dispute is within the jurisdiction of the small claims court. (c)Subdivision (a) does not preclude or limit consultant's right to elect to perfect or enforce applicable mechanics lien remedies. IN WITHM WHEFaM, the parties hereby execute this agreement dated upon the terms and conditions stated above. Client Lloyd Cams Consultant The Twining Laboratories, Inc By By Name/Title Name/Title Clay L Rodgers Manager Environmental Services Date Signed Date Signed Project Number project Number TLP 3794-445 Client should mail completed contract to the address shown for consultant. Paget of 4(7/'93) THE TWINING LABORATORIES,INC.