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d) Buried Utilities-CLIENT will furnish to CONDOR information identifying the type and location of utility lines and other man-made objects
<br /> beneath the site's surface.CONDOR will take reasonable precautions to avoid damaging these man-made objects and will,prior to penetrating
<br /> the site's surface,furnish to CLIENT a plan indicating the locations intended for these penetrations with respect to which CONDOR has been
<br /> told are the locations of utilities and other man-made objects beneath the site's surface.CLIENT will approve the location of these penetrations
<br /> prior to their being made and CLIENT will authorize CONDOR to proceed.CLIENT agrees to waive any claim against CONDOR,and to
<br /> defend,indemnify and hold CONDOR harmless from any claim or liability for injury or loss allegedly arising from CONDOR's damaging
<br /> underground utilities or other man-made objects that were not called to CONDOR's attention or which were not properly located on plans
<br /> famished to CONDOR.CLIENT further agrees to compensate CONDOR for any time spent or expenses incurred by CONDOR in defense of
<br /> any such claim,in accordance with CONDOR's current fee schedule and expense reimbursement policy.
<br /> e) Jobsite Safetv-Insofar as jobsite safety is concerned,CONDOR is responsible solely for CONDOR's employees'activities on the jobsite,but
<br /> this shall not be construed to relieve CLIENT or any construction contractors from their responsibilities for maintaining a safe jobsite.Neither
<br /> the professional activities of CONDOR,nor the presence of CONDOR employees and subcontractors,shall be construed to imply CONDOR
<br /> has any responsibility for methods of work performance,superintendence,sequencing of construction,or safety in,on or about the jobsite.
<br /> CONDOR shall not have the responsibility,authority or ability to remove or correct jobsite hazards.CLIENT agrees that the General Contractor
<br /> is solely responsible for jobsite safety,and warrants that this intent shall be made evident in the CLIENT's agreement with the General Contractor.
<br /> CLIENT also warrants that CONDOR shall be made an additional insured under the General Contractor's general liability insurance policy.
<br /> f) Aquifer Contamination-Subsurface sampling may result in unavoidable contamination of certain subsurface areas,as when a probe or boring
<br /> device moves through a contaminated area,linking it to an aquifer,underground stream,or other hydrous body not previously contaminated and
<br /> capable of spreading hazardous materials off-site. Because nothing can be done to eliminate the risk of such an occurrence, and because
<br /> subsurface sampling is a necessary aspect of the work which CONDOR will perform on CLIENT's behalf,CLIENT waives any claim against
<br /> CONDOR,and agrees to defend,indemnify and hold CONDOR harmless from any claim or liability for injury or loss which may arise as a
<br /> result of alleged cross-contamination caused by sampling.CLIENT further agrees to compensate CONDOR for any time spent or expenses
<br /> incurred by CONDOR in defense of any such claim,in accordance with CONDOR's current fee schedule and expense reimbursement policy.
<br /> g) Discovery of Unanticipated Hazardous Materials-Hazardous materials or certain types of hazardous materials may exist at a site where there is
<br /> no reason to believe they could or should be present.CONDOR and CLIENT agree that the discovery of unanticipated hazardous materials
<br /> constitutes a changed condition mandating a renegotiation of the scope of work or termination of services.CONDOR and CLIENT also agree
<br /> that the discovery of unanticipated hazardous materials will make it necessary for CONDOR to take immediate measures to protect human health
<br /> and safety,and/or the environment.CONDOR agrees to notify CLIENT as soon as practically possible should unanticipated hazardous materials
<br /> or suspected hazardous materials be encountered.CLIENT encourages CONDOR to take any and all measures that in CONDOR's professional
<br /> opinion are justified to preserve and protect the health and safety of CONDOR's personnel and the public,and/or the environment,and CLIENT
<br /> agrees to compensate CONDOR for the additional cost of such work.hi addition,CLIENT waives any claim against CONDOR,and agrees to
<br /> indemnify, defend and hold CONDOR harmless from any claim or liability for injury or loss arising from CONDOR's encountering of
<br /> unanticipated hazardous materials or suspected hazardous materials.CLIENT also agrees to compensate CONDOR for any time spent and
<br /> expenses incurred by CONDOR in defense of any such claim,with such compensation to be based upon CONDOR's current fee schedule and
<br /> expense reimbursement policy.
<br /> h) Naturally Occurring Asbestos(NOA)—CLIENT waives any claim against CONDOR,and agrees to defend,indemnify and hold CONDOR
<br /> harmless from any claim or liability for injury or loss which may arise as a result of NOA.CLIENT further agrees to compensate CONDOR for
<br /> any time spent or expenses incurred by CONDOR in defense of any such claim,in accordance with CONDOR's current fee schedule and expense
<br /> reimbursement policy.
<br /> i) Disposal of Samples-Soil,rock,water and/or other samples obtained from the Project site are the property of CLIENT.CONDOR shall preserve
<br /> such samples for no longer than forty-five(45)calendar days after the issuance of any document that includes the data obtained from them,unless
<br /> other arrangements are mutually agreed upon in writing.Should any of these samples be contaminated by hazardous substances or suspected
<br /> hazardous substances,it is CLIENT's responsibility to select and arrange for lawful disposal procedures,that is,procedures which encompass
<br /> removing the contaminated samples from CONDOR's custody and transporting them to a disposal site.CLIENT is advised that,in all cases,
<br /> prudence and good judgment should be applied in selecting and arranging for lawful disposal procedures.
<br /> Due to the risks to which CONDOR is exposed,CLIENT agrees to waive any claim against CONDOR,and to defend,indemnify and hold
<br /> CONDOR harmless from any claim or liability for injury or loss arising from CONDOR's containing,labeling,transporting,testing,storing or
<br /> other handling of contaminated samples.CLIENT also agrees to compensate CONDOR for any time spent and expenses incurred by CONDOR
<br /> in defense of any such claim,with such compensation to be based upon CONDOR's current fee schedule and expense reimbursement policy.
<br /> j) Drill Cuttings and Fluids-CLIENT recognizes that,when it is known,assumed or suspected that hazardous materials exist beneath the surface
<br /> of the project site,certain waste materials,such as drill cuttings and drilling fluids,should be handled as if contaminated.Accordingly,to protect
<br /> human health and safety as well as the environment,CONDOR will appropriately contain and label such materials;will promptly inform CLIENT
<br /> that such containerization and labeling has been performed,and will leave the containers on site for proper,lawful removal,transport and disposal
<br /> by CLIENT.CLIENT waives any claim against CONDOR and agrees to defend,indemnify and hold CONDOR harmless from any claim or
<br /> liability for injury or loss which may arise as a result of the drill cuttings,drilling fluids or other assumedly hazardous materials being left on site
<br /> after their containerization by CONDOR.CLIENT also agrees to compensate CONDOR for any time spent and expenses incurred by CONDOR
<br /> in defense of any such claim,with such compensation to be based upon CONDOR's current fee schedule and expense reimbursement policy.
<br /> k) Construction-Phase Services-If CONDOR is retained by CLIENT to provide a site representative for the purpose of monitoring specific portions
<br /> of construction work or other field activities as set forth in the Work Order,then this phase applies.For the specified assignment,CONDOR will
<br /> report observations and professional opinions to CLIENT.No action of CONDOR or CONDOR's site representative can be construed as altering
<br /> any AGREEMENT between CLIENT and others.CONDOR will report to CLIENT any observed geotechnically or environmentally related
<br /> work which,in CONDOR's professional opinion,does not conform with plans and specifications.CONDOR has no right to reject or stop work
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