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GENERAL TERMS AND CONDITIONS • 3 Contractor shall have no liability for defects in the Services attributable to Contractor's reliance upon or use of data, design criteria, drawings, specifications, or other information furnished by parties other than Contractor, and the parties will negotiate and agree in good faith the effect on, and adjustments to, the schedule and compensation resulting therefrom Client warrants that it disclosed or shall immediately disclose any and all reports, test results, public records and other sources of information known to Client which show areas of contamination at the site or sites in connection with which the Services are being performed Client shall disclose all information relevant to such site or sites and shall determine and inform Contractor on a timely basis of the nature of activities presently occurring thereat and the nature of activities which previously occurred thereat Contractor shall be entitled to rely upon these representations in performing the Services 4 THE OBLIGATIONS CONTAINED IN THIS AGREEMENT ARE CONTRACTOR'S SOLE WARRANTY AND GUARANTEE OBLIGATIONS AND CLIENT'S EXCLUSIVE REMEDY IN RESPECT TO QUALITY OF THE SERVICES AND ARE IN LIEU OF ALL OTHERS AVAILABLE AT LAW OR IN EQUITY CONTRACTOR MAKES NO OTHER WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHICH ARE EXPRESSLY DISCLAIMED AND WAIVED Client's failure to (a) properly operate and maintain any facilities or (b) allow Contractor to promptly make such tests and perform such remedial services as Contractor may deem appropriate, shall relieve Contractor of its guarantee relative to such improper operation and maintenance or the subject of such test or service This Paragraph F governs, modifies, and supersedes any other terms in this Agreement which address warranties or guarantees or the duality of the Services . G DAMAGES Neither party shall be responsible or held liable to the other for special, indirect or consequential damages, including but not limited to loss of profit, loss of investment, loss of product, business interruption, or liability for loss of use of facilities or Client's existing property, however the same may be caused Indemnifications, releases from liability, and limitations of liability shall apply notwithstanding the fault, negligence, or strict liability of the party indemnified, released, or whose liability is limited The parties agree to look solely to each other with respect to performance of this Agreement and all indemnities against, releases from, and limitations of liability shall apply to the parent, subsidiaries, and affiliated companies of the parties hereto H USE OF INFORMATION Any information delivered by Contractor to Client may be used solely by Client for the purpose for which such information is intended The following statement will be included on the title page of any report delivered to Client by i Contractor "Fluor Daniel GTI, Inc has reviewed the information concerning the subject property, and prepared a report in a —ofess'onal manner that door f sk 11 .a p -r- p r .,�,ng u�y�2e o. JA�� and care e�.erc�sed for s�mrlar projects under similar conditions by reputable and competent environmental consultants The information contained in this report, including its conclusions, is based on the information which was made available to Consultant during the investigation and upon the services described, which were performed within the time and budgetary requirements of the Client Because the report was based on available information not within the control of Fluor Daniel GTE, Inc , some of its conclusions could be different if the information upon which it is based is determined to be false, inaccurate, or contradicted by additional information • 3