Financial- Geotechnical Resources Inc.

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,r.•~ """ FCENERAI..CON STANDARD OF CARE _ Se~vice performed by Geotechnical Resow'ces, Inc. under this Agreement will be conducted in a maiu~er consistent wi~h that level of care and skill ordu~arily exercised by members of the profess~on currendy practicing under similaz conditions. No other warranty, expressed or implied, is made. CliendOwner recognizes that subsurface conditions may vary from those encountered at the locaiion where borings, surveys, or explorations aze made by Geotechnical Resources, Inc. and that the data, interpretations and recommendations of Geotechnical Resources, Inc. are based solely on the information available to us. Geotechnical Resources, Ina will be responsible for those data, interpretations, and recommendations, but shall not be responsible for the interpretation by others of the inforn~ation developed. LIMITATION OF LIABILITY The CliendOwner agrees to limit our liability to the CliendOwner and all construction contractors and subcontractors on the project arising from our professional acts, errors, or omissions, such that our total aggregate liability to all those named shall not exceed $50,000 or our total fee for the services rendered on this project, whichever is greater. 'The CliendOwner further agrees to require of the contractor and his subcontractors an identicallurutaUon of our liability~for damages suffered by the contractor or the subcontractor arising from our professional acts, errors, or omissions. Neither the contractor nor any of his subcontractors assumes any liability for dan-ages to others which may arise on account of our professional acts, errors, or omissions. TERMINATION This Agreement may be ternw-ated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof. Such tern~n~ation shall not be effective if t.hat substantial failure has been remedied before e~iration of the period specified in the written notice. In the event of tennination, we sha11 be paid for services performerl to the ternlination notice date plus reasonable tem~ination expenses. In the event of ternunation, or suspension of work for more than three (3) months prior to completion of all reports contemplated by this Agreement, we may complete such analyses and recards as are necessary to complete our files and may also complete a report on the services performed to the date of not~ce of termination or suspension. The expenses of termination or suspension shall include all direct costs of completing such analyses, records and reports. ASSIGNS Neitt~er the Client/Owner nor Geotechnical Resources, Inc. may delegate, assign, sublet or transfer his duties or interest in this Agreement without the written consent of the other party. PROTECTION FROM THIRD-PARTY SUITS Should Geotechnical Resources, Inc. be named as a third-party defendant in any litigation brought against the CliendOwner or contractors, the Client/Owner agrees to provide counsel for Geotechnical Resources, Inc.'s defense or to reimburse the reasonable costs thereof. SCOPE OF AGREEMENT The agreement between the two parties, i.e., Geotechnical Resources, Inc. and the ClienbOwner, consists of the specific ite~ns of work outlined in the attached proposal and the general conditions outlined in this document. 6Y~,.~„_ ~',~, ~--- Client/Owner R~r1n~~ CvRT~~S Representative (Print Name) ~~__~1 ~~ G~~~' Signature Date Date Return one signed original to Geotechnical Resources, Inc.