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KLEINEELGER, <br /> will indicate that the The Sims-Grupe Management Company has reviewed the scope <br /> of work and determined that it does not need or want a greater level of service than will <br /> be provided. Any exceptions should be noted and may result in higher fees. <br /> Regulations and professional standards applicable to Kleinfelder's services are <br /> continually evolving. Techniques are, by necessity, often new and relatively untried. <br /> Different professionals may reasonably adopt different approaches to similar problems. <br /> Therefore, no warranty or guarantee, expressed or implied, will be included in <br /> Kleinfelder's scope of service. <br /> During the course of the performance of Kleinfelders services, hazardous materials <br /> may be discovered. Kleinfelder will assume no responsibility or liability whatsoever for <br /> any claim, loss of property value, damage, or injury that results from pre-existing <br /> hazardous materials being encountered or present on the project site, or from the <br /> discovery of such hazardous materials. <br /> Nothing contained in this proposal should be construed or interpreted as requiring <br /> Kleinfelder to assume the status of an owner, operator, generator, or person who <br /> arranges for disposal, transport, storage or treatment of hazardous materials within the <br /> meaning of any governmental statute, regulation or order. The Sims-Grupe <br /> Management Company will be solely responsible for notifying all governmental <br /> agencies, and the public at large, of the existence, release, treatment or disposal of any <br /> hazardous materials observed at the project site, either before or during performance of <br /> Kleinfelder's services. The Sims-Grupe Management Company will be responsible for <br /> all arrangements to lawfully store, treat, recycle, dispose, or otherwise handle <br /> hazardous materials, including cuttings and samples resulting from Kleinfelder's <br /> services. <br /> Kleinfelder will perform its services in a manner consistent with the standards of care <br /> and skill ordinarily exercised by members of the profession practicing under similar <br /> conditions in the geographic vicinity and at the time the services will be performed. No <br /> warranty or guarantee, expressed or implied, is part of the services offered by this <br /> proposal. <br /> All information gathered during the study by Kleinfelder is considered confidential and <br /> will be released only upon written authorization from the client or as required by law. <br /> California law requires a person to inform the state if a situation is encountered that can <br /> be considered an immediate endangerment to the public's health or welfare and/or to <br /> the environment. Therefore, the client will be contractually bound to make any said <br /> disclosures in lieu of Kleinfelder, its owners, principals, employees or subcontractors. <br /> This document may be used only by the client and only for the purposes stated, and <br /> within a reasonable time from its issuance. Land use, site conditions (both on site and <br /> off site) or other factors may change over time, and additional work may be required <br /> with the passage of time. Any party other than the client who wishes to use this <br /> document is requested to notify Kleinfelder of such intended use in writing. Based on <br /> 02001 PROP.ENV/STO7P271/DGD:Ivlra Page 7 of 8 <br /> ©2007 Kleinfelder October 31,2007 <br />