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Orange County North Carolina <br /> Terracon Consultants, Inc. <br /> Suanlemental Terms and Conditions: <br /> Consequential Damages. Neither party shall be liable to the other for loss of profits or revenue; loss of <br /> use or opportunity; loss of good will; cost of substitute facilities, goods, or services; cost of capital; or for <br /> any special, consequential, indirect,punitive, or exemplary damages. <br /> TestinL and Observations Client understands that testing and observation are discrete sampling <br /> procedures, and that such procedures indicate conditions only at the depths, locations, and times the <br /> procedures were performed. Consultant will provide test results and opinions based on tests and field <br /> observations only for the work tested. Client understands that testing and observation are not continuous <br /> or exhaustive, and are conducted to reduce - not eliminate - project risk. Client agrees to the level or <br /> amount of testing performed and the associated risk. Client is responsible(even if delegated to contractor) <br /> for requesting services, and notifying and scheduling Consultant so Consultant can perform these <br /> Services. Consultant is not responsible for damages caused by services not performed due to a failure to <br /> request or schedule Consultant's services. Consultant shall not be responsible for the quality and <br /> completeness of Client's contractor's work or their adherence to the project documents, and Consultant's <br /> performance of testing and observation services shall not relieve Client's contractor in any way from its <br /> responsibility for defects discovered in its work, or create a warranty or guarantee. Consultant will not <br /> supervise or direct the work performed by Client's contractor or its subcontractors and is not responsible <br /> for their means and methods. <br /> Warranty. CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR <br /> IMPLIED, RELATING TO CONSULTANT'S SERVICES AND CONSULTANT DISCLAIMS <br /> ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING <br /> WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. <br /> Safe . Consultant will be responsible for supervision and site safety measures for its own employees,but <br /> shall not be responsible for the supervision or health and safety precautions for any third parties, <br /> including Client's contractors,subcontractors,or other parties present at the site. <br />