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k'q KLEINFELDER <br /> ' Kleinfelder offers various levels of investigative and engineering services to suit the <br /> varying needs of different clients. Although risk can never be eliminated, more detailed <br /> ' and extensive investigations yield more information, which may help understand and <br /> manage the level of risk. Since detailed investigation and analysis involves greater <br /> expense, our clients participate in determining levels of service which provide adequate <br /> ' information for their purposes at acceptable levels of risk. TCN Properties has <br /> reviewed the scope of work and determined that it does not need or want a greater level <br /> of service than what was provided. <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 Kleinfelder's services, hazardous materials <br /> ' may have been discovered. Kleinfelder will assume no responsibility or liability <br /> whatsoever for any claim, loss of property value, damage, or injury that results from <br /> pre-existing hazardous materials being encountered or present on the project site, or <br /> from the discovery of such hazardous materials. <br /> Nothing contained in this scope of work should be construed or interpreted as requiring <br /> 1 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. <br /> This document may be used only by the client and only for the purposes stated, within a <br /> reasonable time from its issuance. Land use, site conditions (both on site and off site) <br /> or other factors may change over time, and additional work may be required with the <br /> passage of time. Based on the intended use of the report, Kleinfelder may require that <br /> additional work be performed and that an updated report be issued. Non-compliance <br /> with any of these requirements by the client or anyone else will release Kleinfelder from <br /> any liability resulting from the use of this document by any unauthorized party. Anyone <br /> other than the client, who wishes to use this document, must notify Kleinfelder in <br /> writing. <br /> 65078.T03/STO6R1001/FB:ly Page 3 of 4 <br /> ' ©2006 Kleinfelder, Inc September 11, 2006 <br />