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Tri-Valley Growers March 25, 1987 -Page 8 of 10 Quote No_ 6225G interval, the type of annular backfill or the determination or the requirement for a vadose well. H. In the event that the Customer requests termination of the work prior to completion of a report, we reserve the right to complete such analyses and records as are necessary to protect our professional reputation, and to complete a report on the work performed to date. A termination charge to cover the cost thereof in an amount not to exceed 30 percent of all charges incurred up to date of the stoppage of the work may be made at the discretion of Exceltech. I. For any damages on account of errors, omissions, or other professional negligence, our liability will be limited to a sum of $5,000.00, or our fee, whichever is greater. J. In the event the Customer makes a claim against Exceltech, at law or otherwise, for any alleged error, omission or other acts arising out of the performance of our professional services, and the Customer fails to prove such claim, then the Customer shall pay all costs incurred by Exceltech in defending itself against the claim. K. Reports, boring logs, field data, field notes, laboratory test data, calculations, estimates and other documents prepared by Exceltech, as instruments or service, shall remain the property of Exceltech. Customer agrees that reports and other work furnished to the Customer or his agents which is not paid for will be returned upon demand and will not be used by the Customer for any purpose whatever. Exceltech will retain pertinent records relating to the services performed for a period of two years following submission of the report during which period the records will be made available to the Customer at reasonable times. L. Equipment damage or lost on a job while attempting to accomplish a request by the Customer will be billed to the job (i.e., samplers damaged by overdriving, bits destroyed by cutting hard rock or concrete, or vandalism to vehicles or theft of equipment while on the job, etc.).