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.. k KLEINFELDER <br /> 9. LIMITATIONS <br /> ` Kleinfelder has prepared this report in accordance with the generally accepted standards of care <br /> that exist in San Joaquin County at the time of writing. It should be recognized that definition <br /> and evaluation of geologic and chemical subsurface conditions are difficult. Judgments leading <br /> INN to conclusions and recommendations are generally made with an incomplete knowledge of the <br /> subsurface and/or historic conditions applicable to the site. The conclusions of this report are <br /> based on the information provided regarding the existing and proposed development and on- <br /> site conditions as well as our field observations, percolation test results, and experience in the <br /> project area. It was assumed that the percolation test results are representative of the <br /> subsurface conditions in the general area. No warranty, expressed or implied, is made. <br /> Regulations and professional standards applicable to Kleinfelder's services are continually <br /> evolving. Techniques are, by necessity, often new and relatively untried. Different <br /> ` professionals may reasonably adopt different approaches to similar problems. Therefore, no <br /> warranty or guarantee, expressed or implied, will be included in Kleinfelder's scope of service. <br /> Kleinfelder will assume no responsibility or liability whatsoever for any claim, loss of property <br /> ` value, damage, or injury that results from pre-existing hazardous materials being encountered <br /> or present on the project site, or from the discovery of such hazardous materials. <br /> �- This report may be used only by the client and only for the purposes stated, within a reasonable <br /> time from its issuance. Land use, site conditions (both on- and off-site) or other factors may <br /> change over time, and additional work may be required. Based on the intended use of the <br /> report, Kleinfelder may require that additional work be performed and that an updated report be <br /> issued. Non-compliance with any of these requirements by the client or anyone else, unless <br /> specifically agreed to in advance by Kleinfelder in writing, will release Kleinfelder from any <br /> ` liability resulting from the use of this report by any unauthorized party. <br /> Provided the Kleinfelder's report is still reliable (as determined by Kleinfelder), Kleinfelder <br /> �- may issue a third-party reliance letter to a party that Client identifies in writing under the <br /> following conditions: that the third party, including Client's successors and assigns, by such <br /> reliance, (1) agree in writing to be bound by Kleinfelder's Terms and Conditions and (2) agree <br /> �- to pay Kleinfelder's then-current fees for issuing such letters. <br /> L <br /> 48067.G01/ST04R1257 Page 7 of 8 <br /> ©2004 Kleinfelder,Inc. September 29,2004 <br />