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Terms and Conditions <br />Page 14 of 4 <br />22. Microbial Services (If Applicable). If the Services include microbial services, then the following terms and conditions will apply and will supersede any <br />conflicting terms contained elsewhere in this Agreement. <br />a. You recognize that meeting the standard of care does not establish an assurance that corrective procedures will be permanent. Because Microbial <br />infestations are created by near -omnipresent living microscopic spores, grows very quickly and are influenced by nanoclimatological conditions that <br />are very difficult to detect and sources of water intrusion, elevated moisture or relative humidity over which GZA has neither control or responsibility, <br />GZA cannot and does not claim that its Services will eliminate the risk of a Microbial infestation recurring. <br />b. You acknowledge that the Services entail risk of personal injury and property damage (including cross -contamination) that cannot be avoided, even <br />with the exercise of due care. You also acknowledge that environmental conditions can vary from those encountered at the times and locations of <br />explorations and data collection, and that the limitation on available data may result in some level of uncertainty with respect to the interpretation of <br />these conditions, despite due care. GZAtherefore cannot guaranty specific results such asthe identification of all contamination orother environmental <br />conditions or problems nor their resolution. <br />C. You acknowledge that Microbial infestations may be hidden from view and concealed in locations that are difficult to discover. Accordingly, you agree <br />that despite GZA's efforts, some Microbial locations may remain undetected. In such situations, you agree that you will have no claim against GZA <br />provided GZA followed all applicable laws and regulations pertaining to the Work. <br />d. For purposes of this Agreement, Microbial is defined as any and all fungal and/or bacterial growth including but not limited to mold, mildew, yeast, <br />fungus, fungi, bacteria, spores, odors, particulates, vapors, gas, or other emissions produced by or arising out of or toxins emanating therefrom. <br />e. You further agree that where GZA shall performs Services intended to minimize the risk of Microbial infestations, GZA shall not be liable for damages <br />resulting from Microbial contamination including but not limited to fungal or bacterial infestations and water damage or dry orwet rot and you agree <br />to waive any Microbial infestation claim(s) against GZA, and you agree to indemnify, defend and hold the GZA Indemnitees harmless from any claim <br />alleging that GZA's Services caused or aggravated a Microbial infestation or did not prevent a Microbial infestation from re -occurring. <br />(02/23-Edition/o5-goio) February 28, 2023 <br />