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Authorization to Access Property Page 2 OWNER will advise lessee of that fact. OWNER also agrees that CONSULTANT should not be subject to third-party claims by any lessee. Accordingly, OWNER agrees to limit CONSULTANT's liability to any lessee as stated herein. • Discovery of Hazardous Materials. CONSULTANT shall use Cone Penetration Testing only and shall not bring any materials above the parking lot surface other than water. The two-inch diameter hole shall be slurry filled in accordance with government requirements. • Reporting Requirements. CLIENT shall hold OWNER harmless from any and all government requirements, due to discovery of, or reporting any hazardous materials caused by CLIENT or by CLIENT'S and CONSULTANT'S investigations on owner's site. It is the OWNER'S intent to allow CLIENT and CONSULTANT free access to the property without creating any liability for OWNER • Release of Report/Information. Upon request by OWNER, CLIENT and CONSULTANT agree to provide OWNER with a copy of the report of findings of the investigation. In addition, upon request by OWNER, CLIENT and CONSULTANT agree to provide OWNER with the county approved work plan describing the work to be conducted(including the drilling and laboratory procedures for the work). • Underground Utilities. OWNER warrants that OWNER has not provided to CLIENT or CONSULTANT any copy/copies of record ("as-built") documents that accurately depict the location of underground utilities and structures existing at the site. CONSULTANT will observe reasonable precautions to reduce the potential for damaging sub-surface utilities and structures, but CONSULTANT assumes no liability unless all such utilities and structures are depicted fully and accurately on documents provided for CONSULTANT's use. • Damage to Site. CLIENT shall at its sole cost and expense repair, replace, or otherwise correct any and all damages caused to the property as a result of work conducted in performance of the site investigation. This repair or replacement, to the extent reasonable, will be undertaken promptly after the damages occur and will be completed in a timely fashion. • Incidental Damage. OWNER understands that, unless some other arrangement is made, CONSULTANT cannot be held liable for any injuries or damages that may occur for CONSULTANT's failure to perform services that were specifically excluded from CONSULTANT's scope of service. CONSULTANT will attempt to avoid causing damage, but OWNER understands and acknowledges that CONSULTANT cannot guarantee damage will not occur and, accordingly, OWNER agrees to waive any claim against CONSULTANT and to hold harmless, indemnify, and defend CONSULTANT for any claim alleging injury or damage as a consequence of unfilled exploration holes on the site or any other disturbance to natural conditions of or any improvements on the site. • Liens on Property. CLIENT will not permit any mechanics or other liens to be filed against the property by reason of labor or materials furnished to the property at CLIENT'S or CONSULTANT'S request. If any such lien is filed, CLIENT shall cause its discharge of record by payment of the claim, or posting of bond within twenty(20) days after demand by the OWNER. CLIENT shall indemnify, hold harmless and defend the OWNER against such lien. • Indemnity. CLIENT shall indemnify, defend and hold harmless OWNER and OWNER'S agents, employees, contractors, tenants, licensees, and invitees harmless from and against any and all obligations, losses, damages, costs, expenses, claims, demands, liabilities, penalties, investigation costs, or causes of action(including attorneys" fees and costs incurred in connection with any of the foregoing) arising out of CLIENT'S or CONSULTANT'S entry on the site or conduct of the site investigation or performance of the work plan, or any other act or omission by CLIENT or CONSULTANT, or their employees, agents, or subcontractors under this Agreement. This indemnity shall survive the termination or expiration of this Agreement. A 1 iJ CONDOR