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4
<br /> A
<br /> NorCal
<br /> FuelWowrxz w.
<br /> CSLB#1115311
<br /> month. If Client fails to pay NCFW, Inc. within sixty (60) days after invoice delivery. NCFW, Inc. may deem failure to pay a
<br /> substantial failure of performance and may terminate the Agreement pursuant to Paragraph 13. Mechanic's liens may be
<br /> filed by MAIN for any Contract work not paid in a timely manner. Lien releases will be issued only upon final payment and
<br /> receipt of clear funds
<br /> 7. INSURANCE: NCFW, Inc. will carry: (a)workers' compensation and employer's liability insurance to comply
<br /> with laws of the state in which any project is undertaken by NCFW, Inc. under this Agreement and applicable federal laws;
<br /> (b)comprehensive general professional and pollution liability insurance with a combined limit for bodily injury and property
<br /> damage in an amount not less than$1 million per occurrence
<br /> 8. LIMITATION OF LIABILITY:NCFW,Inc.total liability to Client for any and all claims,damages,losses,or expenses
<br /> (including attorneys'fees)arising in any way out of this engagement, regardless of the legal theory under which such liability is
<br /> imposed, is limited to the available limits of the applicable insurance policies listed above. Except to the extent provided in
<br /> Paragraph 4 above,neither party shall be responsible or liable to the other for any incidental,consequential,or indirect damages.
<br /> 9. ATTORNEYS' FEES: In the event of any controversy,claim, dispute or litigation between the parties related to
<br /> this Agreement or its breach,the prevailing party will be entitled to recover from the other party, in addition to other relief as
<br /> may be granted,a reasonable sum as and for its attorneys'fees,together with experts'fees and other costs incurred as may
<br /> be determined by a court of competent jurisdiction or an arbitrator. Client also agrees to pay all costs of collection, including
<br /> reasonable attorneys' fees, in the event payment is not received as provided herein; this liability for attorneys'fees is not
<br /> contingent upon suit being filed by NCFW,Inc.
<br /> 10. UTILITIES: NCFW, Inc. will take reasonable precautions in locating and identifying all subterranean
<br /> structures or utilities. However, NCFW, Inc. may reasonably rely on project information, including information provided by
<br /> Client and information provided by local utilities, related to structures or utilities and will not be liable for damages incurred
<br /> by Client where NCFW, Inc. has proceeded with reasonable precautions and in reliance on such information. Client shall
<br /> indemnify,defend,and hold NCFW, Inc. harmless from and against any claims for any losses or damages arising from or
<br /> related to damage to structures or utilities that are not identified or are not accurately located despite NCFW, Inc.
<br /> reasonable precautions
<br /> 11. WASTE MATERIALS: If the Work produces any waste materials, including drill cuttings and purge water,
<br /> Client shall be the owner of such waste materials and Client will be responsible as the generator of record for the disposal
<br /> of any such waste materials.All arrangements for transport or disposal of waste materials shall be made in Client's name
<br /> and Client hereby appoints NCFW, Inc. the limited authority to sign as Client's attorney-in-fact all regulatory paperwork,
<br /> including waste manifests or bills of lading, relating to transport or disposal of waste materials generated in execution of
<br /> the Work.
<br /> 12. SITE LOCATION,ACCESS,PERMITS AND APPROVALS:Client will delineate to NCFW, Inc.the property lines of
<br /> the Site. In addition, Client will provide access to the Site for NCFW, Inc. personnel and equipment,as NCFW, Inc. may dee
<br /> necessary to complete the Work. Required permits and approvals necessary for NCFW, Inc. to perform the Work will be
<br /> Clients'responsibility;however,NCFW,Inc.will work on the Client's behalf to obtain the permits.Any failure to obtain any pe
<br /> approval properly applied for will not be a breach of this Agreement.NCFW,Inc.will take reasonable precautions to minimi
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