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WALLACE ■ KVHL & ASSOCIATES, INC,
<br /> ENVIRONMENTAL CONSULTING AGRZEEI LENT (Continued)
<br /> 7. LIMITATION OF LIABILITY, Client agrees that WKA's liability for damages due to alleged negligent professional acts, errors and
<br /> omissions will be limited to a sum not to exceed$250,000 or WKA's total Fee,whichever is gr"tor. In the event that Client docs not wish
<br /> to limit WKA's liability to this sum, WKA agrees to raise the limitation of liability to a sum not to exceed $50%m for inereasrd
<br /> consideration of four perccnt(4%)of the,total fee or$200,which is greater,or to it sum not to exceed$1,000,WO for increased consideration
<br /> often percent(10%)of the total fee or$500,whichever is greater,upon receiving Client's written rcqucstprior to the start of WXA's work,
<br /> S. ACKNOWLEDGEMENTS. In the event that WKA le verbally authorized by Client to proceed with the services prior to receipt of the
<br /> executed Agreement, the acceptance of which would be aolrstowledged by signaturo, tho terms and conditiate as outlined herein and in
<br /> accompanying documents,if any, shall be eonaidered by both parties in full farce.
<br /> 9. DELAYS. WKA will be excused for any delay in completion of the Agreement caused by acts of God, acts of third parties, stormy
<br /> weather, labor trouble, acts of public utilitics, public bodies or inspectors, extra work, failure to make payments promptly, or other
<br /> contingencies unforseen by WKA and beyond the reasonable control of WKA.
<br /> 10, REPORTS. Reports,plans and other work prepared by WKA remain the property of WKA. Client agrees that all reports and other
<br /> work furnished to the Client and his Agents not paid for will be returned upon demand, and will not be usod for liocnsing, permits, design
<br /> and/or construction, or to satisfy lender requirements,
<br /> 11. DISPUTES. WKA reserves the right to suspend work in the,event of Client's breach of any term or provision of this Agreement,
<br /> Should either party hereto bring suit to enforce any term of this Agreement,it is agreed that the prevailing party shall be entitled to recover
<br /> his costs, expenses and attorney's fees. In awarding attorney's foes, the court shall not be bound by any court fee schedule,but shall, if it
<br /> is in the interests of justice to do so, award the full amount of costs, expenses, and attomay's fees paid or incurred in good faith, 'Phis
<br /> Agreement shall be deemed to have been entered into in the County of Yclo, State,of California,
<br /> 12. MERCER. This Agreement constitutes a final, complete, and total integration of any and all prior understandings,oral or written,
<br /> between the partics. Any subaequcnt change, alteration, addition or modification must be mutually agreed upon, in writing, and signed by
<br /> both parties.
<br /> 13, NOTICES, Any notice required or permitted under this Agreement may be given by ordinary mail at the Addresses set forth herein,
<br /> f but such address may be changed by writicn notice given by one party to the other from time to time, Notice shall be deemed received in
<br /> the ordinary course of mail. In the event of a controversy over delivery, the postmarked date shall control.
<br /> 14. TERMINATION. In the cvcnt that either party dcsiree to terminate this Agreement prior to completion, seven (7) day's written
<br /> notification of such intention to terminate mutt be tendered. In the event that WKA incurs costs as a result of such tennination, additioltal
<br /> reasonable charges to cover the costs of such tonnination win be paid. In the absence of a notification of termination,this Agreement shall
<br /> continue in full force and effect.
<br /> 15, SAMPLES. WKA will return any samples not analyzed to the project site. Disposal of samples will be the responsibility of the client.
<br /> CLIENT by: WALLA E • KUHL AS Eh TES, INC.
<br /> SIGNATURE SIGNATURE
<br /> j;d,�_1iubbard - —
<br /> PAINTED OR TYPED NAME PRINTED OIL TYPED NAME
<br /> May Z5. 1995
<br /> DATE DATE
<br /> 050 irtdus 'al Boulevard.West Sacra to CA 9S691
<br /> ADDRESS ADDREss
<br /> % r�
<br /> ADDRESS
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