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DocuSign Envelope ID: 3EFOFF2D- AE78- 42B5- B6CA- 82C9778lC16E
<br />3. STANDARD OF CARE. PENTA will perform its services using that degree of care and skill ordinarily exercised under similar
<br />conditions by reputable members of PENTA's profession practicing in the same or shnilar locality at the time of service. NO 01'HER
<br />WARRANTY, EXPRESS OR IMPLIED, IS MADE OR INTENDED BY OUR PROPOSAL OR BY OUR ORAL OR WRITTEN
<br />REPORTS.
<br />4. INSURANCE PENTA maintains insurance coverage as follows:
<br />a. Worker's Compensation Insurance - statutory.
<br />b. Employer's Liability Insurance - $100,0001$500,000 1$100,000.
<br />c. Commercial General Liability Insurance - $1,000,000/$2,000,000.
<br />d. Professional Errors and Omissions - $1,000,000 claims -made.
<br />5. PROFESSIONAL LIABILITY, For additional consideration from PENTA of $10.00, receipt of which is hereby acknowledged,
<br />Client agrees that PENTA's liability, and that of its officers, directors, employees, agents and subcontractors, to Client or any third party
<br />due to any negligent professional acts, errors or omissions or breach of contract by PENTA will be limited to an aggregate of $50,000 or
<br />our fee, whichever is less.
<br />6. F,ID REPRESENTATIVE. The presence of PENTA's or its subcontractors field personnel, either full -time or part - tinge, may he
<br />for the purpose of providing project administration, assessment, observation and/or field testing of specific aspects of the project as
<br />authorized by Client. Should a contractor(s) not retained by P17NTA be involved in the project, Client will advise such oontractor(s) that
<br />PENTA's services do not include supervision or direction of the means, methods or actual work of the contractor(s), his employees or
<br />agents. Client will also inform contractor that the presence of PENTA's field representative for project adminishation, assessment,
<br />observation or testing will not relieve the contractor of its responsibilities for performing the work in accordance with the plans and
<br />specifications.
<br />If a contractor (not a subcontractor for PENTA) is involved in the project, Client agrees, in accordance with generally accepted construction
<br />practices, that the contractor will be solely and completely responsible for working conditions on the job site, including security and safety
<br />of all persons and property during the performance of the work, and compliance with all Client safety requirements and OSHA regulations.
<br />These requirements will apply continuously and will not be limited to normal % vrking hours. It is agreed that PENTA will not be
<br />responsible for job or site safety or security on the project, other than for PENTA's employees and subcontractors, and that PENTA does
<br />not have the duty or right to stop the work of the contractor.
<br />7. UNFORESEEN CONDITIONS Olt OCCURRENCES. it is possible that unforeseen conditions or occurrences may be encoinitered
<br />which could substantially alter the necessary services or the risks involved in completing PENTA's services. If this occurs, PENTA will
<br />promptly notify and consult with Client, but will act based on PENTA's sole judgment where risk to PENTA personnel is involved.
<br />Possible actions could include:
<br />a. Complete the original Scope of Services in accordance with the procedures originally intended in our Proposal, if
<br />practicable in PENTA's judgement;
<br />b. include study of the unforeseen conditions or occurrences, with such revision agreed to in writing;
<br />C. Terminate the services effective on the date specified by PENTA in writing.
<br />8. SAMPLE DISPOSAL. Test specimens or samples generally are consumed or substantially altered during testing and any remnants are
<br />disposed of immediately upon completion of tests. Remaining drilling samples and other specimens are disposed of 30 days after
<br />submission of PENTA's report. At Client's written request, PENTA will retain preservable test specimens or the residue therefrom for 30
<br />days alter submission of our report free of storage charges. After the initial 30 days and upon Client's written request, PENTA will use its
<br />best efforts to retain test specimens or samples but only for a mutually acceptable storage charge and period of time. Client agrees that
<br />PENTA is not responsible or liable for any loss of test specimens or samples retained in storage.
<br />9. WASTE DISPOSAL. If Client request PENTA to containerize drilling wastes and/or fluids produced by PENTA's activity
<br />('Wastes'), Client will provide a secure temporary storage location at or near the project site to prevent tampering with such containerized.
<br />Wastes. Non- lazardous Wastes will be disposed of by PENTA for an additional charge at an appropriately licensed facility. Any
<br />hazardous Wastes will be disposed of manifest executed by Client at any properly licensed facility selected by Client with PENTA's
<br />assistance. At no time will PENTA take title to such hazardous Wastes.
<br />10. CLIENT DISCLOSURE. Client agrees to advise PENTA upon execution of this Agreement of any hazardous substance or any
<br />condition, known or that reasonably should lac known by Client, existing in, on, or near the site that presents a potential danger to human
<br />health, the environment, or PENTA's equipment. Client agrees to provide PENTA continuing related information, as it becomes available
<br />to the Client. By virtue of entering into this Agreement or providing services hereunder, PENTA does not assume control of or
<br />responsibility as an operator or otherwise for the site or the person(s) in charge of the site, or undertake responsibility for reporting to any
<br />federal, state or local public agencies any condition at the site that may present a potential danger to public health, safety or the
<br />environment. Client agrees under advice of its counsel to notify the appropriate federal, state, or local public agencies as required by law;.
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