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KLEINFELDER considered the generator of such materials, execute all manifests as the generator of such materials, and be liable for the arrangement, transportation, treatment, and/or disposal of all material. All samples shall remain the property of the CLIENT. CLIENT shall promptly, at its cost, remove and lawfully dispose of samples, cuttings, and hazardous materials. 15. ASSIGNMENT AND SUBCONTRACTING: This Agreement does not create any right or benefit to anyone other than CLIENT and KLEINFELDER and shall not be assigned by either party without the prior written approval of the other party. .. KLEINFELDER, however, may elect to subcontract portions of the Services to a qualified subcontractor. ` 16. DISPUTE RESOLUTION: If a claim or dispute arises out of or relates to the interpretation, application, enforcement, or performance of Services under this Agreement, both Parties agree to attempt to resolve the claim or dispute (1) at a meeting between the principals within fifteen (15) days of receipt by either party of a notice and description of the dispute, and failing resolution (2) mediation in accordance with the AAA Construction Industry Mediation Rules then in effect within forty-five (45) days from service of written notice. If the claim or dispute cannot be resolved through mediation and unless otherwise mutually agreed, either party may file suit in an appropriate court in the state of the KLEINFELDER office entering into this Agreement. v 17. WAIVER OF TERMS AND CONDITIONS: The failure of either Party in any one or more instances to enforce one or more of the terms or conditions of this Agreement, or to exercise any right or privilege in this Agreement, or the waiver by KLEINFELDER or CLIENT of any breach of the terms or conditions of this Agreement shall not be construed as thereafter ` waiving any such terms, conditions, rights, or privileges, and the same shall continue and remain in force and effect as if no such waiver had occurred. 18. SEVERABILITY: Every term or condition of this Agreement is severable from the others. Notwithstanding any possible future finding by a duly constituted authority that a particular term or provision is invalid, void, or unenforceable, this Agreement has been made with the clear intention that the validity and enforceability of the remaining parts, terms, and provisions shall not be affected thereby. 19. GOVERNING LAWS: This Agreement shall be governed and construed in accordance with the laws of the State of ` the KLEINFELDER office entering into this Agreement. 20. ENTIRE AGREEMENT: The terms and conditions set forth herein, including any associated Work Orders, constitute the entire understanding and agreement of both Parties with respect to the Services. Any amendment or revision to this Agreement shall be in writing and signed by an authorized representative from each party. Any oral modification or revision of this Agreement or any Work Order shall not operate to modify this Agreement or any Work Order. ` In witness whereof, CLIENT and KLEINFELDER have caused this Agreement to be executed by their respective duly- authorized representatives as of this 14th day of March, 2006. ` CLIENT KLEINFELDER By: BY Name: Name: ` Title: Title: 4 02001 PROP.ENV/ST06C098/RD:ly 2006 Kleinfelder, Inc. Page 4 of 4