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- Irerracan
<br /> 9. Insurance.Consultant represents that it now carries,and will continue to rarry'.(i)workers'compensation Insurance in accordance with the laws of
<br /> the states having jurisdiction over Consultants employees Who are engaged in the Services,. and employees liability insurance. ($1,000,000): (li)
<br /> commercial general liability Insurance($1,000,000 occ/X2,000,000 agg);(iii).automobile liability insurance($1,000,000 131 and P:D,combined single
<br /> limit), and 6)professional liability Insurance($1,000X(1-claim lagg).Certificates of Insurance will be provided upon request.Client and Consultant
<br /> shall waive subrogation against the other party on all general liability and property coverage.
<br /> 10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE DABI-15-TO THE OTHER FOR LOSS OF PROFITS OR REVENUIE; LOSS OF
<br /> USE OR OPPORTUNITY;LOSS OF GOODWILL;COST OF SUBSTITUTE FACILITIES,GOODS,OR SERVICES,# COST OF CAPITAL;OR FOR
<br /> ANY SPECIAL,CONSEQUENTIAL,INDIRECT,PUNITIVE,OR EXEMPLARY DAMAGES.
<br /> 11. Dispute Resolution.Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and
<br /> until Client has obtained the written opinion from a registered,Independent,and reputable engineer,architect,or geologist that Consultant has violated
<br /> the standard of care applicable to Consultarifs performance of the Services. Client shall provide this opinion to Consultant and the parties shall
<br /> endeavor to resolve the dispute within.30 days,after which Client may pursue its remedies at law.This Agreement shall be governed by and construed
<br /> according to Kansas law.
<br /> 12. Subsurface Explorations,Subsurface conditions throughout the site may vary from those depicted on los of discrete bdrings,test pits,or other
<br /> exploratory services.Client understands Consultant's.layout of boring and test locations Is approximate and that Consultant may deviate a reasonable
<br /> distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client
<br /> accepts that.Invasive services such as drilling or sampling may damage or alter the site,.Site restoration Is not provided unless specifically included In
<br /> the Services.
<br /> 13. Testing and Observa'tions.Client understands that testing and observation are discrete sampling procedures-,and.that such procedures indicate
<br /> conditions only at the depths,locations,and times the he procedures were'performed.Consultant will provide test results and opinions based on tests and
<br /> field observations only for the work tested..Client understands that testing and observation are not continuous or exhaustive,and are conducted to
<br /> reduce-not eliminate-project risk.Client agrees to the level or amount of testing performed and the associated risk. Client Is.responsible(even If
<br /> delegated to contractor)for requesting services,and notifying and scheduling Consultant so Consultant can,pqrfprm these Services.Consultant is not
<br /> responsible for damages caused by services.not performed due to a failure to request or schedule Consultants services. Consultant shall not be
<br /> responsible for the quality and completeness of Client's contractor's work or their adherence to the project documents,and Consultants performance of
<br /> testing and observation services shall not relieve Clients contractor in any Way from Its responsibility for defects discovered In its work, or create I
<br /> Warranty or guarantee.Consultant will not supervise or direct the work performed by Client's contractor or its subcontractors and is not responsible for
<br /> their means and methods.
<br /> 14. Sample Disposition,Affected Materials,and Indemnify.Samples are consumed in testing or disposed of upon completion of tests(unless
<br /> stated otherwise in the Services).Client shall furnish or cause to be furnished to Consultant all documents and information known or available-to Client
<br /> that relate to the Identify,location, quantity,nature,-or characteristic of any hazardous waste,toxic,radioactive,or tontaelhated materials{"Affected
<br /> Matedals'l at or near the site, and shall immediately transmit new, updated' or revised Information as it becomes available. Client agrees that
<br /> Consultant is not responsible for the disposition of Affected Material,unless specifically provided in the Services, and that Client is responsible for
<br /> directing,such disposition. In the event that test samples obtained during the oerforrriance of Services (I)contain substances hazardous to health,
<br /> safety, or the environment, or(11) equIpMqnt used during the Services cannot reasonably be decontaminated, Client shall sign documentation (if
<br /> necessary)required to ensure the equipment and/or samples are transported aril disposed of properly,and agrees to pay Consultant the fair market
<br /> value of this equipment and reasonable disposal costs.In no event shall Consultant be required to sign a hazardous waste manifest or take title to any
<br /> Affected Materials.Client shall have the obligation to make all spill or release notifications to appropriate.governmental agencies,The Client agrees that
<br /> Consultant neither created nor contributed to the creation or existence of any Affeci6d Materials conditions at the site.Accordingly,Client-waives any claim
<br /> against Consultant.and agrees to indqMnIfy and save Consultant„Its agents,.employees,and related companies hannioss from any claim,liability or defense
<br /> i jury or loss sustained by any party from such exposures allegedly arising out of Consultants.non-negligent
<br /> cost,Including attorney and expert fees,for fif
<br /> performance of services hereunder,or for any claims against Consultant as a generator,disposer,or arranger of Affected Materials under federal,state,or
<br /> local jaw or ordinance.
<br /> 15. Ownership of Documents.Work product,such as reports, logs, data, notes,or calculations, prepared by.Consultant shall remain Consultant's
<br /> property. Proprietary concepts,systems,and Ideas developed during performance of the Services shelf remain the sole property of Consultant.Files
<br /> shall be maintained in general accordance with Consultants document retention policies and practices.
<br /> 16. Utillitlos. Client shall provide the location and/or arrange for the Marking of private utilities and subterranean structures. Consultant shall take
<br /> reasonable precautions to avoid damage or Injury to subterranean structures or utilities, Consultant shall not be responsible for damage to
<br /> subterranean structures or utilities that are not called to COnsUltarifs attention, are not.ddrrdctly marked, including by a utility locate-service, or are
<br /> Incorrectly shown on the plans furnished to Consultant.
<br /> 17. Site Access and Safety.Client shall secure all necessary site related approvals,permits, licenses, and consents necessary to commence and
<br /> complete the Services and will execute any necessery'sile access agreement.'Consultant Will be responsible for supervision*and site safety Measures
<br /> for its own employees,but shelt not be responsible for the supervision or health and safety precautions.for any other parties,Including Client,Client's
<br /> contractors,_spbcontrgOgrs,or other parties present at.the site,
<br /> Consult n gonsultants,Inc. Client. Hobbs,Upchurch,&Associates,P.A.
<br /> By., Date: By, Date.
<br /> 114.L.—(Lekli)-Denton 11,PH
<br /> Name/Title: NpmoMtlet
<br /> Sr.Associate
<br /> Address: 5240 Groan's PaIry Read Addre$.% 300 SW broad:street
<br /> Raleigh,North Carolina 27016 Southern Pines,North Carolina
<br /> Phone, 910.873.2211 Fax: 919.873.9555 Phone., .910-692,5616 Fax
<br /> Reference Number:P70120505
<br /> Page 2 of 2 Rev.8-12
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