Financial- Geotechnical Resources Inc.

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~ STANDARD OF CARE b1GENERAI.CON Service performed by Geotechnical Resources, inc. under this Agreement will be conducted in a maiuier consistent with that level t of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. No other warranty, e~cpressed or implied, is made. CliendOwner recognizes that subsurface conditions may vary from those encountered at the location where bo ' explora.tions aze made by Geotechnical Resources, Inc. and that the ~, S~'eYs, or data, interpretations and recommendations of Geotschnical Resources, Inc. are based solely on the inforn~ation available to us. Geotechnical Resources, Inc. will be responsible for those data, interpretations, and recommendations, but shall not be responsible for the interpretation by others of the inforn~arion developed. LIMITATION OF LIABILITY The CliendOwner agrees to limit our iiability to the CliendOwner and a11 construction contractors and subcontractors on the project arising from our professional acts, enors, or omissions, such that our total aggregate liability to all those natried 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 i~enticallimitation oi our liability ror damages suffered by the contractor or the subcontractor arising from our professional acts, errors, or omissions. Neither the contractor nor any of his subcontractors assur.les any liability for oamages to o;~hers which may arise on acc;ount of ~ur professional acts, errors, or omissions. TERMINATION This Agreement may be tenninated 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 temunation shall not be effective if that substantial failure has been remedied before expiration of the period specified in the written notice. In the event of tennination, we sha11 be paid for services I~~o~~ ~ the termination notice date plus reasonable termination e~cpenses. In the event of termination, 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 records as are necessary to complete our files and may also complete a report on the services performed to the date of notice of termination or suspension. The expenses of tern~ination or suspension shall include all direct costs of completing such analyses, records and reports. ASSIGNS Neither the CliendOwner 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 tA provide counsel for Geotechnical Resources, Inc.'s defense or to reimburse the reasonable costs thereof. SCOPE OF AGREEMENT The a~'eemcnt between tl~,e two parties, i.e., Gaotechnical Resources, Inc, and the CliendOrvner, consists of the specific ite~ns of work outlined in the attached proposal and the general conditions outlined in this document. ~ ~ru.c~.. Clienb wner ~ ~ CuRTI RepresentaUve (Print Name) ' Signature T ~ ~~~ Date . rr~` Rehzrn one signed original to Geotechnical Resources, Inc.