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File No. 20-3978-02.E01 KLEINFELDER <br /> October 30, 1996 <br /> Regulations and professional standards applicable to Kleinfelder's services are continually <br /> evolving. Techniques are, by necessity, often new and relatively untried. Different professionals <br /> may reasonably adopt different approaches to similar problems. Therefore, no warranty or <br /> guarantee, expressed or implied, will be included in Kleinfelder's scope of service. <br /> During the course of the performance of Kleinfelder's services, hazardous materials may be <br /> discovered. Kleinfelder will assume no responsibility or liability whatsoever for any claim, loss <br /> of property value, damage, or injury that results from pre-existing hazardous materials being <br /> encountered or present on the project site or from the discovery of such hazardous materials. <br /> Nothing contained in this revised proposal should be construed or interpreted as requiring <br /> Kleinfelder to assume the status of an owner, operator, generator, or person who arranges for <br /> disposal, transport, storage or treatment of hazardous materials within the meaning of any <br /> governmental stature, regulation or order. Spreckels Development Company will be solely <br /> responsible for notifying all governmental agencies and the public at large, of the existence, release, <br /> treatment or disposal of any hazardous materials observed at the project site, either before or during <br /> performance of Kleinfelder's services. Spreckels Development Company will be responsible for all <br /> arrangements to lawfully store, treat, recycle, dispose, or otherwise handle hazardous materials, <br /> including cuttings and samples resulting from Kleinfelder's services. <br /> Kleinfelder will perform its services in a manner consistent with the standards of care and skill <br /> ordinarily exercised by members of the profession practicing under similar conditions in the <br /> geographic vicinity and at the time the services will be performed. No warranty or guarantee, <br /> expressed or implied, is part of the services offered by this revised proposal. <br /> This revised proposal may be used only by the client and only for the purposes stated, within a <br /> reasonable time from its issuance. Land use, site conditions (both on-site and off-site) or other <br /> factors may change over time, and additional work may be required with the passage of time. <br /> The level of detail and the types of statistical analysis used will depend on the character of the <br /> data available from SDC. Some statistical analyses have minimum data requirements, although <br /> it is unverifiable at this time, we assume SDC will have the minimum data needed. <br /> 20-3978-02.E011MR960124 Page 6 of 7 01996, Kleinfelder, Inc. <br />