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w m <br /> 5MWE `_ i " MENOME <br /> _ `.y-. ,... :+Ydn- Fmk <br /> , <br /> Stockton Service Station February 29, 1988 <br /> Quote No. 661 CV Page 7 <br /> K In the event that the Customer requests termination of the work prior to <br /> completion of a report, we reserve tho right to complete such analyses and <br /> records as are necessary to prutoct our professional reputation, and to <br /> complete a report on the work perforated to date. A vermination charge to <br /> cover the cost thereof in an amount not to exceed 30 percent of all charges <br /> incurred up to date of the stoppage of the work may be made at tate discretion <br /> of Exceltech. <br /> 1. For any damages on account of errors, omissions, or other professional <br /> negligence, our liability will be limited to a sum of $5,000.00, or our fee, <br /> whichever is greater. <br /> J. in the event the Customer makes a claim against Exceltech, at law or <br /> r:tierwise, for any alleged error, omission or other acts arising out of the <br /> performance of our professional services, and the Customer fails to prove <br /> such claim, then the Customer shall pay all costs incurred by Exceltech in <br /> defending itself against the claim. <br /> K Reports, boring fogs, field data, field nantes, 'laboratory test data <br /> calculations, estimates and other documents' prepa.-rer; by Exceltech, .;�s <br /> instruments or service, shall remain the property of,"';Exceltech. Customer <br /> ,.` agreos that reports and other work furnished to the 'Customer or his agents <br /> which is not paid for will be returned upon demand and will not be used by <br /> the Customer for any purpose whatever. !_xceltech will retain pertinent <br /> records relating to the services performed' for a period of two years <br /> folloi4ing submission of the report during which period the records will be <br /> made available to the Customer at reasonable times. ` <br /> L Equipment damage or lost on a job while attempting to accomplish a request <br /> by the Customer will be billed to the job (i.e., samplers damaged -by <br /> overdriving, bits destroyed by cutting hard rock or concrete, or vandalism to <br /> vehicles or theft of equipment while an the job, etc.). <br /> M Exceltech reserves the right to refuse projects deemed risky or dangerous <br /> due to site conditions or weathef or where access or mobility ►s <br /> questionable. We will attempt questionable access only at the request and <br /> responsibility of the Customer. <br /> - <br /> r <br /> _ tt <br />