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GENERAL TERMS AND CONDITIONS <br /> Fluor Daniel GTI, Inc makes no representation concerning the legal significance of its findings or <br /> the value of the property investigated Fluor Daniel GTI, Inc, has no contractual liability to third <br /> parties for the information or opinions contained in this report This report in not intended to <br /> satisfy the requirements of the National Contingency Plan <br /> The use of this report or any information contained therein by any third party shall be at such <br /> party's sole risk Such use shall constitute an agreement to release, defend and indemnify client <br /> and the Consultant from and against any and all Lability in connection therewith (including any <br /> liability for special, indirect, incidental or consequential damages) whether such arises in contract, <br /> negligence or otherwise " <br /> Client shall not remove or otherwise conceal such notice <br /> INDEMNITY Contractor agrees to protect, indemnify, and hold Client free and harmless from and <br /> against claims, liabilities, demands, and causes of action for bodily injuries, death, or damages to <br /> property (other than property of Client or construction work in progress, for which Client assumes sole <br /> responsibility) if and to the extent that the same arise out of the actual physical negligence or willful <br /> misconduct of Contractor, its agents, servants, and employees, while engaged in the performance of <br /> Services hereunder The parties hereby waive and shall require their insurers to waive, subrogation <br /> against the other party under any applicable policy of insurance Contractor shall have no obligation <br /> to Client with respect to any damage or loss to property caused by the perils of war, insurrection, <br /> revolution, nuclear reaction, or other like perils as may be excluded under the scope and limits of the <br />• insurance coverage provided pursuant to paragraph J Contractor's liability with respect to loss, <br /> damage, or injury shall not exceed the scope and limits of the insurance coverage provided pursuant <br /> to paragraph J, and Client shall reimburse Contractor as a part of the cost of the Services any costs <br /> incurred in connection with said loss, damage, or injury for which Contractor is not otherwise <br /> compensated by insurance required under paragraph J <br /> J INSURANCE Commencing with the performance of its Services hereunder, and continuing until <br /> the termination of the Services, Contractor shall maintain or cause to be maintained standard <br /> insurance policies as follows <br /> 1 Worker's Compensation and/or all other Social Insurance in accordance with the <br /> statutory requirements of the State having jurisdiction over Contractor's employees who are <br /> engaged in the Services, with Employer's Liability of One Million Dollars ($1,000,000) each <br /> accident, and <br /> 2 Commercial General Liability Insurance, including Automobile (owned, non-owned, <br /> or hired) Insurance in a combined single limit of One Million Dollars ($1,000,000) each <br /> occurrence for boddy njJ ny and nrnpey, damage 13bI ty 7shiss p:r cy shall irCr ude Contractual <br /> uai <br /> Liability coverage This insurance shall cover bodily injury to or death of persons, and/or loss of or <br /> damage to property of parties other than of Client <br /> The foregoing insurance shall be maintained with carriers satisfactory to Client, and the terms of <br /> coverage shall be as evidenced by certificates to be furnished to Client Such certificates shall <br /> provide that thirty (30) days' written notice shall be given to Client prior to cancellation of any <br /> policy <br /> 4 <br />