2001 S Purchasing Contract with Legacy Research Associates, Inc. (Archaeological Survey of Little River Park)

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3.2 CLIENT will furnish to CONSULTANT all existing studies, reports, data and other information available to CLIENT necessary for performance of the work and authorize CONSULTANT to obtain additional data as required. CONSULTANT will be entitled to use and rely upon all such information and services. 3.3 In the event scheduled, prearranged or mandated events, meetings, access to sites, delivery of documentation or other obligations, which are responsibilities the CLIENT has agreed to and upon which the CONSULTANT relied, and which events, meetings, entrees to sites, delivery of documentation. or other obligations could not or did not take place, or were required to be rescheduled because of the failure of the CLIENT in the discharge of the CLIENT'S obligations, all costs associated with that rescheduling shall be borne by the CLIENT. 3.4 If the work involves excavations or drilling, it is the responsibility of the CLIENT to provide the CONSULTANT with assistance in locating underground structures or utilities in the vicinity of any exploration or investigations. If neither CLIENT nor CONSULTANT can confirm the location, the CLIENT agrees to accept all liability and costs associated with the repair, replacement or restoration of any damage caused by the CONSULTANTS exploration or investigations occurring in the performance of the Work. 3.5 CLIENT recognizes that, when it is known, assumed, or suspected that hazardous materials exist on or beneath the surface of the work site or within any structure thereon, certain sampling materials, such as drill cuttings and drill fluids or asbestos removed for sampling, should be handled as if hazardous or contaminated. Accordingly, when sampling is included in the scope of services and when determined by CONSULTANT in its sole and exclusive judgment to be necessary based on CONSULTANTS assessment of the degree of contamination, hazard, and risk, CONSULTANT will promptly inform CLIENT that containerization and labeling will be performed; will appropriately contain and label such materials; and will leave the containers on site for proper, lawful removal, transport, and disposal by CLIENT. CLIENT waives any claim against CONSULTANT and agrees to indemnify, defend, and hold CONSULTANT harmless from any claim or liability for injury or loss that may arise as a result of the drill cuttings, drilling fluids, or other assumedly hazardous materials being left on the work site after containerization by CONSULTANT. All samples of soil, groundwater, waste, rock, or other materials collected from the site shall remain the property of the CLIENT and shall be returned to the CLIENT by the CONSULTANT within thirty (30) days after submission of the CONSULTANTS report, unless applicable law requires the retention or other disposition of such samples. All costs associated with the disposition or returning of samples will be charged to the CLIENT or as set forth in the Scope of Work. ARTICLE 4. PERFORMANCE OF SERVICE 4.1 This Agreement shall commence on the date set forth below and end May 1. 2001, both dates inclusive (initial term). 4.2 The dates of performance shall be interpreted as a material consideration in the Agreement; however, in the absence of an amended Agreement, dates shall not be construed as falling within the meaning of "time is of the essence." Page 2 of 6