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<br />STANDARD TERMS AND CONDITIONS
<br />
<br />existing conditions and "not to conditions caused or created
<br />by WJE. "Hazardous materials" includes, but is not limited
<br />to, any substance, waste, pollutant (including mold and
<br />mildew) or contaminant, in whatever form, now or hereafter
<br />included with such terms under any federal, state or local
<br />statute, ordinance, code, rule or regulation now existing or
<br />hereinafter enacted or amended.
<br />
<br />SUSPENSION OF SERVICES
<br />If the client fails to make payment when due for WJE's
<br />services and expenses, WJE may, upon seven days' written
<br />notice to the client, suspend performance of services under
<br />this Agreement. Unless payment in full is received by WJE
<br />within seven days of the date of the notice, the suspension
<br />shall take effect without further notice. In the event of a
<br />suspension of services. WJE shall have no liability to the
<br />client for delay or damage caused the client because of
<br />such suspension of services.
<br />
<br />FIXED PRICE CONTRACTS
<br />Where WJE and the client have agreed to a fixed price
<br />contract, the following WJE Standard Terms and Conditions
<br />are specifically excluded: Time Charges, Expenses,
<br />Equipment Usage, Affiliated Consultants, and
<br />Subcontracted Services. Progress payments will be made
<br />monthly as a percent of completion unless otherwise
<br />arranged with the client. Other WJE Standard Terms and
<br />Conditions stated herein remain in effect.
<br />
<br />TIME CHARGES
<br />Time charges are accrued on an hourly basis, unless other
<br />arrangements are established. Minimum time charges for
<br />personnel at a job site are 8 hours per day, unless time can
<br />be utilized on another job. Hourly rates are not increased for
<br />overtime. Billing rates may be increased annually.
<br />
<br />ExPENSES
<br />Public transportation, subsistence and out-of-pocket
<br />expenses incurred during travel, communications,
<br />reproduction and shipping charges will be billed at cost plus
<br />5% (invoiced as an expense service fee.) Use of company
<br />or personal vehicles is billed at $ 0.50 per mile.
<br />
<br />Expended materials for field and laboratory investigations,
<br />rental equipment, and fees advanced on clienfs beha.lf will
<br />be billed at cost plus 10% (invoiced as an expense service
<br />fee.)
<br />
<br />Clients may be charged for the cost of providing copies of
<br />receipts or detailed "back-up" information concerning
<br />expenses.
<br />
<br />EQUIPMENT USAGE
<br />WJE equipment used in field or laboratory work is billed at
<br />approximately 1% of the replacement cost per day, subject
<br />to adjustment for minimum or extended usage.
<br />
<br />AFALIATED CONSULTANTS
<br />WJE retains certain affiliated consultants as independent
<br />contractors. These affiliated consultants are billed at rates
<br />equivalent to WJE employees of similar education and
<br />professional experience.
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<br />2 August 2004
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<br />STORAGE
<br />Material samples not consumed in WJE's work will be
<br />discarded 30 days after completion of the project unless the
<br />client requests other disposition. Charges will be made for
<br />extended storage of materials, records, or equipment. WJE
<br />will exercise reasonable care in safeguarding materials,
<br />records, or equipment, but disclaims any liability for loss or
<br />damage.
<br />
<br />SUBCONTRACTED SERVICES
<br />Services are billed at cost plus 10% if the subcontracted firm
<br />has at least $500,000 of Professional/General Liability
<br />Insurance, otherwise cost is marked up 20%.
<br />
<br />SUBPOENAS AND COURT ORDERS
<br />The client is responsible, after notification, for payment of
<br />time charges, attorney fees and other expenses resulting
<br />from a required response to subpoenas or court orders
<br />issued at the request of any party concerning any part of
<br />WJE's work. Charges are based on billing rates in effect at
<br />the time of WJE'$ response.
<br />
<br />DISPUTE RESOLUTION
<br />Any dispute that should arise between the client and WJE
<br />shall first try to be resolved through mediation. The mediator
<br />shall be mutually agreed upon and chosen from a list
<br />provided by the _ American Arbitration Association or other
<br />source of experienced professional mediators.
<br />
<br />INSURANCE
<br />WJE is protected for general, automobile, workers'
<br />compensation and employers' liability coverage by policies
<br />written by national insurance carriers rated by the AM. Best
<br />Company. The primary limits are $1,000,000 with a
<br />$2,000,000 aggregate on general liability. Excess coverage
<br />applies to exposures over $1,000,000. Endorsements are
<br />not allowed. Coverage is subject to annual renewal.
<br />Increased coverage will be sought if requested. Charges for
<br />additional coverage will be billed to the client.
<br />
<br />BILLING TERMS
<br />The firm or individual engaging WJE is responsible for
<br />payment of charges unless WJE is notified in writing, prior to
<br />the time that the charges are incurred, that the engagement
<br />is on behalf of another party. Accumulated charges will be
<br />billed in approximately monthly intervals. State and local
<br />sales and us.e tax wilt be included in the billing if applicable.
<br />Payment in full (in US dollars) is due upon receipt of the
<br />invoice. Invoices which are unpaid 30 days from the invoice
<br />date are considered past due and subject to an interest
<br />charge at the rate of 1 1/2% per month (or at a lower
<br />maximum legal rate) plus related attorneys' fees and
<br />collection expenses.
<br />
<br />The client is responsible for payment of all charges. Agents
<br />of the client who engage WJE are also responsible for
<br />payment of all charges unless WJE agrees otherwise in
<br />writing prior to the time that the charges are incurred.
<br />
<br />Copyright 2004 Wiss, Janney, Elstner Associates, Inc.
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