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Proposal for Phase I Environmental Site Assessment May 1, 2023
<br />8 Vacant Lots (Block 7)
<br />Centerville, Minnesota 55038
<br />6. Underground Facilities. GZAs only responsibility under this Agreement will be to provide proper notification to the applicable state utility "Call -Before -
<br />You -Dig" program. You further agree to assume responsibility for and to defend, indemnify and hold harmless GZA with respect to personal injury and property
<br />damages due to GZAs interference with subterranean structures including but not limited to utilities, conduits, pipes, and tanks:
<br />(i) that are not correctly shown on any plans and information you or governmental authorities provide to GZA; or
<br />(ii) that are not correctly marked by the appropriate utility.
<br />7. Reliance. The services, information, and other data furnished by you shall be at your expense, and GZA may rely upon all information and data that you
<br />furnish, including the accuracy and completeness thereof. You acknowledge that the quality of the Services provided by GZA is directly related to the accuracy
<br />and completeness of the information and data that you furnish to GZA. GZAs REPORTS ARE PREPARED FOR AND MADE AVAILABLE FOR YOUR SOLE USE.
<br />YOU ACKNOWLEDGE AND AGREE THAT USE OF OR RELIANCE UPON THE REPORT OR THE FINDINGS IN THE REPORT BY ANY OTHER PARTY, OR FOR
<br />ANY OTHER PROJECT OR PURPOSE, SHALL BE AT YOUR OR SUCH OTHER PARTY's SOLE RISK AND WITHOUT ANY LIABILITY TO GZA. YOU SHALL
<br />INDEMNIFY AND HOLD HARMLESS THE GZA INDEMNITEES FROM ALL CLAIMS, DAMAGES, LOSSES, AND EXPENSES, INCLUDING ATTORNEYS' FEES,
<br />ARISING OUT OF OR RESULTING FROM ANY USE, REUSE, OR MODIFICATION OF THE DOCUMENTS WITHOUT WRITTEN VERIFICATION, COMPLETION,
<br />ORADAPTATION BY GZA AND SUCH LIMITED LICENSE TO YOU SHALL NOT CREATE ANY RIGHTS IN THIRD PARTIES.
<br />8. Lab Tests and Samples. GZA is entitled to rely on the results of laboratory tests using generally accepted methodologies. GZA may dispose of samples in
<br />accordance with applicable laws 30 days after submitting test results to you unless you request in writing for them to be returned to you or to be held longer, in
<br />which case you will compensate GZAfor storage and/or shipping beyond 30 days.
<br />9. GZA Professionals. GZA employees or consultants may act as licensed, certified or registered professionals (including but not limited to Professional
<br />Engineers, Licensed Site or Environmental Professionals, Certified Hazardous Materials Managers„ or Certified Industrial Hygienists collectively referred to in
<br />this section as "GZA Professionals") whose duties may include the rendering of independent professional opinions. You acknowledge that a federal, state or local
<br />agency or other third party may audit the Services of GZA or other contractor/consultant(s), which audit may require additional Services, even though GZA
<br />and such GZA Professionals have each performed such Services in accordance with the standard of care set forth herein. You agree to compensate GZA for all
<br />Services performed in response to such an audit, or to meet additional requirements resulting from such an audit, at the rates set forth in the applicable Proposal,
<br />amendment or change order.
<br />10. Hazardous Materials; GZA "Not a Generator". Before any hazardous or contaminated materials, including, if applicable, ACMs (the "Wastes") are
<br />removed from the Site, you will sign manifests naming you as the generator of the Wastes (or, if you are not the generator, you will arrange for the generator to
<br />sign). You will select the treatment or disposal facility to which any Wastes are taken. GZAwill not be the generator or owner of, nor will it possess, take title to, or
<br />assume legal liability for any Wastes at or removed from the Site. GZAwill not have responsibility for or control of the Site or of operations or activities at the Site
<br />other than its own. GZAwill not undertake, arrange for or control the handling, treatment, storage, removal, shipment, transportation or disposal of any Wastes
<br />at or removed from the Site, other than any laboratory samples it collects or tests. You agree to defend, indemnify and hold the GZA Indemnitees harmless for
<br />any costs or liability incurred by GZA in defense of or in payment for any legal actions in which it is alleged that GZA is the owner, generator, treater, Storer or
<br />disposer of any Wastes.
<br />11. Limits on GZAs Responsibility. GZA will not be responsible for the acts or omissions of contractors or others at the Site, except for its own subcontractors
<br />and employees. GZAwill not supervise, director assume control over or the authority to stop any contractor's work, nor shall GZAs professional activities nor the
<br />presence of GZA or its employees and subcontractors be construed to imply that GZA has authority over or responsibility for the means, methods, techniques,
<br />sequences or procedures of construction, for work site health or safety precautions or programs, or for any failure of contractors to comply with contracts, plans,
<br />specifications or laws. Any opinions by GZA of probable costs of labor, materials, equipment or services to be furnished by others are strictly estimates and are
<br />not a guarantee that actual costs will be consistent with the estimates.
<br />12. Changed Conditions.
<br />a. You recognize the uncertainties related to the Services (including, without limitation, environmental and geotechnical Services), which often require a
<br />phased or exploratory approach, with the need for additional Services becoming apparent during the initial Services. You also recognize that actual
<br />conditions encountered may vary significantly from those anticipated, that laws and regulations are subject to change, and that the requirements of regulatory
<br />authorities are often unpredictable.
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