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CONDITIONS AND LIMITATIONS <br />The professional services of Bergeson-Boese & Associates, Inc. will be rendered using <br />the degree of care and skill ordinarily exercised under similar circumstances by <br />reputable environmental consulting/construction firms practicing in this or similar <br />locations. No other warranty expressed or implied is made. <br />2. This proposal is based upon performing the assessment under Level D or less health <br />and safety protection. If unsafe physical or chemical conditions are encountered at the <br />site, all work will be temporarily halted, the client notified, and a new scope of work <br />negotiated. <br />3. Bergeson-Boese & Associates, Inc. does not assume the responsibility for reporting to <br />any local, state, or federal public agencies any conditions at the site that may present <br />a potential danger to public health, safety, or the environment. Notification to <br />appropriate agencies as required by law is the responsibility of the client. <br />4. If the subject property and facilities are not owned by the client, the client warrants <br />that all necessary permissions for Bergeson-Boese & Associates, Inc. to enter onto the <br />site for the purpose of performing the Scope of Work outlined above has been <br />obtained. <br />5. Monthly invoices will include all services performed through the end of the month and <br />all payments received through the end of the month. Terms will be net 1 5 days from <br />the date of invoice. Late charge of 1.5%. <br />6. If a dispute arises between the parties pertaining to this Agreement, the dispute shall <br />be determined by arbitration in accordance with the arbitration provisions of Oregon <br />Revised Statutes. Each party shall choose an arbitrator, and the two arbitrators shall <br />choose a third. If the choice of the second or third arbitrator is not made within ten <br />(10) days of the choosing of the prior arbitrator, either party may apply to the presiding <br />judge of the lane County Circuit Court to appoint the required arbitrator. The parties <br />shall be entitled to conduct discovery in accordance with the Oregon Rules of Civil <br />Procedure, subject to limitation by the arbitrator to secure just and efficient resolution <br />of the dispute. If the amount in controversy exceeds 510,000.00, the arbitrator's <br />decision shall include a statement specifying in reasonable detail the basis for and <br />computation of the amount of the award, if any. The arbitration shall take place in lane <br />County, Oregon, and the award of the arbitrator shall have the effect provided in <br />Oregon Revised Statutes governing arbitration. Cost of the arbitration shall be shared <br />equally by the parties, and each party shall pay its own attorney fees incurred in <br />connection with the arbitration. <br />BID PROPOSAL <br />MARION COUNTY COURTHOUSE S~UARE Page ~ 2 <br />SEPTEMBER 18, 7887 <br />