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GENERAL CONDITIONS BETWEEN GEOTECHNICAL CONSULTANT AND CLIENT as are necessary to complete his files and may also complete a report on the services performed to the date of notice of termination or suspension. The expenses of termination or suspension shall include all direct costs of the Geotechnical Consultant in completing such analyses, records and reports. Geotechnical Consultant retains the right to increase his fees to complete the project, should work be resumed after suspension of more than three (3) months. SECTION 11: OTHER CONTRACTUAL REQUIREMENTS 11.1 Neither the Client nor the Geotechnical Consultant may delegate, assign, sublet or transfer his duties or interest in this Agreement without the written consent of the other party. 11.2 If the Client is a corporation or public entity, the individual or individuals who sign this Agreement on behalf of the Client warrant that they are duly authorized agents of the Client. The Client binds himself, his partners, successors, executors, administrators and assigns to this agreement in respect to all its terms and conditions. SECTION 12: HAZARDOUS MATERIALS 12.1 When hazardous materials are known, assumed or suspected to exist at a site, Geotechnical Consultant is required to take appropriate precautions to protect the health and safety of his personnel, to comply with applicable laws and regulations, and to follow procedures that Geotechnical Consultant deems prudent to minimize physical risks to employees and the public. Client hereby warrants that, if he knows or has any reason to assume or suspect that hazardous materials may exist at the project site, he has so informed Geotechnical Consultant. Client also warrants that he has done his best to inform Geotechnical Consultant of such known or suspected hazardous materials'type,quantity and location. 12.2 Hazardous materials or certain types of hazardous materials may exist at a site where there is no reason to believe they could or should be present. Geotechnical Consultant and Client agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. Geotechnical Consultant and Client also agree that the discovery of unanticipated hazardous materials may make it necessary for Geotechnical Consultant to take immediate measures to protect health and safety. Geotechnical Consultant agrees to notify Client as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. Client encourages Geotechnical Consultant to take any and all measures that in Geotechnical Consultant's professional opinion are justified to preserve and protect the health and safety of Geotechnical Consultant's personnel and the public. Client agrees to compensate Geotechnical Consultant for additional cost of working to protect employees' and the public's health and safety. In addition, Client waives any claim against Geotechnical Consultant, and agrees to defend, indemnify and save Geotechnical Consultant harmless from any claim or liability for injury or loss arising from Geotechnical Consultant's discovery of unanticipated hazardous materials or suspected hazardous materials. Client also agrees to compensate Geotechnical Consultant for any time spent and expenses incurred by Geotechnical Consultant in defense of any such claim, with such compensation to be based upon Geotechnical Consultant's prevailing fee schedule and expense reimbursement policy relative to recovery of direct project costs. 12:3 In the event the project site is not owned by Client, Client warrants that he has obtained all necessary permission for Geotechnical Consultant, his subconsultants, subcontractors and all necessary equipment to enter onto the site and conduct subsurface exploration activities (see Section 1.1 of these General Conditions). Client recognizes that it is his responsibility to inform the property owner of the discovery of unanticipated hazardous materials or suspected hazardous materials. Client also recognizes that any such discovery may result in a significant reduction of the property's value, and this may spur the property's owner to institute action against Geotechnical Consultant. Accordingly, in such situations, Client waives any claim against Geotechnical Consultant, and agrees to defend, indemnify and save Geotechnical Consultant harmless from any claim or liability for injury or loss of any type arising from Geotechnical Consultant's discovery of unanticipated hazardous materials or suspected hazardous materials on a site. Client also agrees to compensate Geotechnical Consultant for any time spent and expenses incurred by Geotechnical Consultant in defense of any such claim, with such compensation to be based upon Geotechnical Consultant's prevailing fee schedule and expense reimbursement policy relative to recovery of direct project costs.