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it DAMES &MOORE GENERAL CONDITIONS--FORM D (Amended) 1.0 BILLING 23 The liability of Dames & Moore its employees, subcontractors and agerus for any 1 1 Invoices will be issued every four weeks clatm(s)of any!kind shall not exceed 5500 000 within 30 days of the billing date in the aggregate, except for claims caused by the sole negligence, gross negligence or 1 2 Interest of 1'A% per month(but not exceeding willful misconduct of Dames & Moore its the maximum rate allowable by law) will be employees subcontractors and agents payable on any amounts not paid within 60 days, payment thereafter to be applied first to 24 Subject to Secuon 2 3, Dames&Moore shall accrued interest and then to the principal indemnify and hold harmless Client from and unpaid amount Any attorney s fees or other against all liability, cosu claims, suits costs incurred in collecting any delinquent demands losses and damages, including amount shall be paid by the Client reasonable attorney s fees to the extent arising out of or caused by the negligence or willful 13 In the event chat the Client requests misconduct of Dames & Moore or its termination of the work prior to completion of subcontractors in connection with this project a report Dames&Moore reserves the right to Client shall indemnify and hold harmless complete such analyses and records as are Dames&Moore from and against all liability, necessary to place its Files in order and, where costs, clauns suits, demands losses and considered by it riecessary to protect its damages including reasonable attorney s fees professional reputation, to complete a report to the extent arising out of or caused by(I)the on the work performed to date A terminatton negligence or willful misconduct of Clicnt, or charge to cover the cost thereof in an amount contractors retained by Client, in connection not to exceed 30% of all charges incurred up with this project and/or (et) any third parry to the date of the stoppage of the work may at claim arising from the performance of services the discretion of Dames&Moore, be made hereunder by Dames & Moore, its agents or subcontractors, to the extent such liability, 20 WARRANTY AND LIABILITY costs claims suits, demands, losses and damages and fees exceed the amount of Dames 2 1 Dames&Moore warrants that its services are & Moore s liability specified in Section 2 3 performed within the limits prescribed by its and does not result from the sole negligence Clients in a manner consistent with that level gross negligence or willful misconduct of of care and shill exercised by members of the Dailies&Moore, its agents or subcontractors same professions currently practicing in the same locality, under similar conditions No 25 Dames & Moore shall hold confidential all other warranty or representation, either information obtained from Client Damns & expressed or implied is included or intended Moore will not be responsible for damages in as proposals contracts, or reports caused by its release of information obtained from Client to the extent such information is 22 Only with resp=to this agreement, as of the publicly available or was previously in the date hereof Dames & Moore has neither public domain created nor conmbuted to the existence of any hazardous radioactive, toxic or otherwise dangerous substance or condition at the site and its compensation hereunder is in no way commensurate with the potenual risk of injury or loss that may be caused by exposure to such substances or conditions a unnc►nae�m w W ro