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ATC Client Services Agreement 2015
<br /> Unless otherwise specified in the Service Order, any consulting,
<br /> testing or monitoring related to environmental conditions, 21. RIGHT TO STOP WORK If, during the performance of a
<br /> including,but nil limited to hazardous waste, said or groundwater Service Order, any unforeseen luumdous substance, material,
<br /> contamination, or air pollutants are not part of ATC's engineering element,constituent,condition,or occurrence isenwwtered whily
<br /> and construction Services. If it becomes apparent during the field in ATC's reasonable judgment significantly affects or may affect
<br /> exploration that hazardous substances or constituents may be the Services provided, the risk involved in providing the Services,
<br /> present, field operations will be terminated without liabildy. or the recommended scope of Services, ATC may immediately
<br /> suspend work
<br /> 78. OPINIONS OF COSTS ATC may provide estimates of costs
<br /> for remediation or construction as appropriate based on available 22. ATC AND CLIENT INDEMNIFICATION ATC shall
<br /> data, designs, o nendations. However, these opinions areindemnify and hold harmless Client against claims,demands, and
<br /> intended primarily m provide information on the range of costs and lawsuits,to the extent arising out of or caused by the negligence or
<br /> are not intended for use in firm budgeting or negotiation unless willful misconduct of ATC in connection with activities conducted
<br /> specificallyagreod to in writing by ATC, in the performance ofthe Services.
<br /> 17. SAFETY ATC shad not, unless otherwise specified in the The Client shall indemnify and hold harmless ATC from and against
<br /> Service Order, be responsible for health and safety procedures, clams,demands,and lawsuits,to the extent arising out of or caused
<br /> construction means,methods,techniques,sequences,or procedures, by Client's breach of this Agreement or the negligence or willful
<br /> not be responsible for the ads or omissions of contractors or other misconduct of the Client or other contractors retained by Client
<br /> parties on the Site in connection with activities conducted in the performance ofthe
<br /> Services.
<br /> 18. UTILITIES Unless otherwise specified in the Service Order,it
<br /> is Client's responsbility to mark or famish the orations of all If a dispute arises between the parties resulting in litigation, the
<br /> underground man-made abstractions at all Sites that the Client owns prevailing party shall be entitled to recover all reasonable costs
<br /> and/or operates. Client shall indemnify, defend and hold harmless incurred. Client agrees that all indemnifications granted to ATC
<br /> ATC from and against any clams, losses or damages incurred or shall also be granted to those subcontractors retained by ATC for the
<br /> asserted against ATC related to Client's failure to mark,protect or performance of the Services.
<br /> advise ATC of underground structures or utilities.
<br /> 23. LIMIT OF LIABILITY ATCs total liability for all claims
<br /> 19. ROOF CUTS Unless otherwise specified in the Service Order, or causes of action of any kind, including but not limited to
<br /> if roof cuts/samples; are required by the Services, it is the negligence,bodily injury or property damage,breach of contract or
<br /> responsibility of the Client to make appropriate repairs. If a roofing warranty, shall not exceed the amounts recoverable from the
<br /> contractor or maintenance personnel selected by Client is not on the insurance limits set forth in this Agreement.
<br /> roof to make repairs at the time samples are obtained, ATC may
<br /> make temporary repairs, which may result in additional larges. 24. CONSEQUENTIAL DAMAGES In no event shall either
<br /> ATC personnel are not certified in roofing repa6, therefore coder party be liable to the other parry for any consequential, incidental,
<br /> no circumstances, shall ATC be responsible for any water damage punitive,liquidated or indirect damages,including but not limited
<br /> to the roofing system,building,or its contents resulting from ATC's to loss of income, loss of profits, loss or restriction of use of
<br /> temporaryrepairs. property,or any other business losses,regardless if such damages
<br /> are caused by breads of contract,negligent act or omission, other
<br /> 20. HAZARDOUS CONDITIONS OR SUBSTANCES The wrongful ad,or whether ATC shall be advised, shall have other
<br /> Client acknowledges that ATC has neither created not contributed reason to know, or in fact shall know of the possibility of such
<br /> to the creation or existence of any hazardous, radioactive, toxic, damages.
<br /> irritant, pollutant, substance or constituent at the Site. Ad Site
<br /> generated hazardous and non-hazardous waste, including used 25. WARRANTY ATC is not a manufacturer. If any equip rcru
<br /> disposable protective gen and equipment, are the property ofthe is used or purchased by ATC for a Service Order the
<br /> Client. manufacturer's warranties if any on the equipment are solely those
<br /> ofthemanufacturer. ATCmakesnootherrepresentation, gummusce,
<br /> Client afire sto indemnify and hold harmless ATC against all claims or warranty, expressed or implied, in fact or by law, whether of
<br /> for injury or loss sustained by any party, including the United merchantability, times for any particular purpose or otherwise,
<br /> States, from exposure, release, or the presence of any such concerning any of the goods or Services which may be famishedby
<br /> luourdcaus, radioactive, toxic, irritant, podutanS substance or ATC to Client.
<br /> constituent a the Site This indemnity includes but is not limited
<br /> to,ATC adingas Client'sageatto sign waste manifests, allegations 28. DOCUMENTS Project-specific documents and dam produced
<br /> that ATC is a handler, generator, operator, treater or starer, by ATC under this Agreement shedl,upon coWildion ofthe Service
<br /> transporter or disposer coder any federal, state or laced, law, Order become the property of Client upon payment of amounts
<br /> regulation or ordiamve, and Client's or third party's violation of owed ATC ATC shall have the right, but not the obligation,to
<br /> federal, parte or local, law, regulation or ordinance, related to the retain copies ofall such materials.
<br /> handling, storage, or disposal of hazardous substances or
<br /> constituents at/or introduced to the Site, before or after the 27. RELIANCE Documents and date produced by ATC are not
<br /> completion ofthe Services. intended or represented by ATC to be suitable for use or reliance
<br /> beyond the scope or purpose for which they were originally
<br /> prepared, or for anyone except the Client Any such unauthorized
<br /> use will beat the Client's or Nerd party's salerisk.
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