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Y KLEINFELDER LIMITATIONS Kleinfelder has prepared this letter in accordance with the generally accepted standards of care which exist in San Joaquin County at the time of writing. It should be recognized that definition and evaluation of geologic and chemical subsurface conditions are difficult. Judgments leading to conclusions and recommendations are generally made with an incomplete knowledge of the subsurface and/or historic conditions applicable to the site. More extensive studies may further reduce the uncertainties associated with this assessment. Kleinfelder should be notified for additional consultation if the client wishes to reduce the uncertainties beyond the level associated with this report. No warranty, expressed or implied, is made. Kleinfelder offers various levels of investigative and engineering services to suit the varying needs of different clients. Although risk can never be eliminated, more detailed and extensive investigations yield more information, which may help understand and manage the level of risk. Since detailed investigation and analysis involves greater expense, our clients participate in determining levels of service which provide adequate information for their purposes at acceptable levels of risk. Delicato Family Vineyards has reviewed the scope of work and determined that it does not need or want a greater level of service than what was provided. Regulations and professional standards applicable to Kleinfelder's services are continually evolving. Techniques are, by necessity, often new and relatively untried. Different professionals may reasonably adopt different approaches to similar problems. Therefore, no warranty or guarantee, expressed or implied,will be included in Kleinfelder's scope of service. During the course of the performance of Kleinfelder's services, hazardous materials may be discovered. Kleinfelder will assume no responsibility or liability whatsoever for any claim, loss of property value, damage, or injury that results from pre-existing hazardous materials being encountered or present on the project site, or from the discovery of such hazardous materials. Nothing contained in this scope of work should be construed or interpreted as requiring Kleinfelder to assume the status of an owner, operator, generator, or person who arranges for disposal, transport, storage or treatment of hazardous materials within the meaning of any governmental statute,regulation or order. This document may be used only by the client (and regulatory agencies having enforcement jurisdiction over the project site) and only for the purposes stated, within a reasonable time from its issuance. Land use, site conditions (both on site and off site) or other factors may change over time, and additional work may be required with the passage of time. Anyone other than the client who wishes to use or rely on this report must request to do so in writing for permission. Based on the intended use of the report, Kleinfelder may require that additional work be performed and that an updated report be issued. Non-compliance with any of these requirements by the client or anyone else will release Kleinfelder from any liability resulting from the use of this document by any unauthorized party. C204535-01.REP/ST04L311 Page 2 of 3 Copyright 2004,Kleinfelder,Inc. June 3,2004