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Nftwool Authorization to Access Property Page 2 • Discovery of Hazardous Materials. OWNER understands that discovery of hazardous materials or suspected hazardous materials may lead to a temporary or permanent diminution of property value, and/or may cause delays in or otherwise affect completion of the real estate transaction OWNER and CLIENT now contemplate. In light of Recital 4, above, OWNER agrees to hold CONSULTANT harmless for any and all damages associated with the discovery of hazardous materials or suspected hazardous materials. • Reporting Requirements. OWNER understands that OWNER may be required by local and/or state and/or federal statute to report the discovery of hazardous materials to a government agency. OWNER also understands that CONSULTANT may be required by local and/or state and/or federal statute to report the discovery of hazardous materials to a government agency,and that CONSULTANT,when practical,will do so only after notifying OWNER. OWNER agrees to take no action of any kind against CONSULTANT when CONSULTANT makes a good-faith effort to fulfill legal obligations. • Release of Report/Information. OWNER recognizes that CONSULTANT is contractually bound to CLIENT, and agrees that any requests for reports or other information must be made through CLIENT,unless otherwise required by law. • Underground Utilities. OWNER warrants that OWNER has provided to CONSULTANT copy/copies of record("as-built")documents that accurately depict the location of all underground utilities and structures existing at the site. CONSULTANT will observe reasonable precautions to reduce the potential for damaging sub-surface utilities and structures,but CONSULTANT assumes no liability unless all such utilities and structures are depicted fully and accurately on documents provided for CONSULTANT's use. • Incidental Damage. OWNER understands that, unless some other arrangement is made, CONSULTANT cannot be held liable for any injuries or damages that may occur for CONSULTANT's failure to perform services that were specifically excluded from CONSULTANT's scope of service. CONSULTANT will attempt to avoid causing damage, but OWNER understands and acknowledges that CONSULTANT cannot guarantee damage will not occur and, accordingly, OWNER agrees to waive any claim against CONSULTANT and to hold harmless,indemnify,and defend CONSULTANT for any claim alleging injury or damage as a consequence of unfilled exploration holes on the site or any other disturbance to natural conditions of or any improvements on the site. • Insurance. CONSULTANT maintains a commercial general liability(CGL)policy with limits of$2,000,000 aggregate. CONSULTANT warrants that this policy will be in effect during the proposed dates of access. AGREED TO AND ACCEPTED BY: CONSULTANT OWNER 4 Jar- �& v4474L44_y_ 1 irm Firm By By �y Title Title Date Date 0:\Forms\Contract\Access AgreementsWuthoriation to Access Property2.doc Rev:Oct 98