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GENERAL CONDITIONS
<br />BRAUN ENVIRONMENTAL LABORATORIES11 INC.
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<br />1.1 Braun Environmental, Laboratories, Inc., a Minnesota business corpor-
<br />ation (hereinafter icalled BRAUN) will perform services as defined in this
<br />Agreement and CLIENT will pay for those services as agreed. A, statement of
<br />probable cost, made to CLIENT' shall not be considered, a firm, figure unless,
<br />stated as a not-to-exceed cost. BRAUN will provide additional services as
<br />requested or which, are necessary, and CLIENTwill, pay for those services at
<br />the rates, shown on the attached proposal or SCHEDULE OF CHARGES,
<br />The CLIENT will play the balance stated on the invoice unless CLIENT
<br />notifies BRAUN i n wrlilting, of the particular item that is alleged to be incorrect
<br />within fifteen (1 5) days from the invoice date. The providing of such services
<br />shall, be governed by the terms of this Agreement.
<br />SECTION 2: RESPONSIBILITIES.
<br />2,1 BRAUN will test samples submitted by CLIENT, orVA'll obtain and test
<br />samples as agreed, upon between BRAUN and CLIENT'. If BRAUN'samples
<br />or makes observations, BRAUN will not sample, or observe each increment of
<br />the site, materials, facilities, or conditions. CLIENT recognizes that BRAUN
<br />c=nolt guarantee that, samples or observations will be representative.
<br />12 Tests and observations, will be conducted using standard test procedures,
<br />where applicable. and BRAUN laboratory protocols identified in, the BRAUN
<br />Quality Cointroll Ma,n,ual.
<br />20 BRAUN will provide CLIENT with written reports containing test results,
<br />and when appropriate, professional opinions and recommendations regarding
<br />conformance to established, criteria.
<br />2,.,4 BRAUN will not be responsible for the failure of others to perfoinn, in
<br />accordance with the specifications or contract documents, and BRAUN's
<br />services, shall in no way relieve others of their responsibilities.
<br />1,5 For work' not on BRAUN prem,i,s,es, BRAUN will not be respoin,sible for
<br />suplerinitendinig, supervising, or directing the work of contractors or others, or
<br />for job or site safety,, those being the solle responsibility of others,. '
<br />2.,61 Nothing contained in, this Agreement shall, be construed to require!
<br />BRAUN to assume the status of a, generator,, store,r, treater,, h au,l er or disposal
<br />facility within the scope of tine Resource Conservation Recovery Act, 42 U
<br />Chapter, 82 (RCRA) or within any state law, governing the handling, tXcatinent,
<br />storage or disposal of waste or hazardous materials,.
<br />2.7 CLIENT will make available to BRAUN all known information regarding
<br />existing and proposed conditions of the site and, undertaking. CLIENT' Will
<br />immediately provide BRAUN with any new information which becomes
<br />available to it or its contractors which differs materially from, information
<br />previously provided, but including all changes in plans., CLIENT will
<br />indemnify and hold harmless BRAUN, its affiliates, and their respective
<br />directors,, officers, employees, agents and subcontractors, from and against all
<br />claims, damagies, losses, and, related expenses, involving subterranean struc-
<br />tures, which are not called to BRAUN's attention and correctly shown, on the
<br />plans furnished.
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<br />31. 1- CLIENT' will fu,rniish B RA,UN with access to the sifter It is understood biy
<br />CLIENT that in the normal course of the work some damage to the site or
<br />materials may occur. White BRAUN will, take, reasonable precautions to
<br />minimize damage, BRAUN has not included the cost of'restoration in the
<br />estimated charges and will not be liable for such damage. The correction of
<br />damage is the responsibility of CLIENT. At CLIEN'Ts option, BRAUN will
<br />restore the site and invoice the CLIENT.
<br />SECTION 4: SAMPLES.
<br />4. 1, All samples remaining after tests are conducted will be discarded sixty days
<br />after su b mission o f the written replort unless CLIENT rc ques ts,i in writ ing, that
<br />BRAUN store or ship i the samples, at CLIENTs expense.
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<br />7.1 B RALN will furnish a Certificate of Insurance upon request. If CLIENT
<br />requests increased, insurance coverage, BRAUN will purchase additional
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<br />ins,uranc'e, if obtainable, at CLIENT's expense in accordance with the
<br />SCHEDULE" OF CHA,R,GES,but BRAUN shall have no liability beyond the
<br />limits and conditions, of the additional insurance coverage,
<br />8.1 In performing its services,, BRAUN will use that degree of care and skill
<br />ordinarily exercised under similar circumstances by reputable members of its
<br />profession practicing" in the same locality. No other warranty is made or
<br />intended.
<br />SECTION 9, DISPUTES,.
<br />9. 1 If'BRAUN brings a lawsuit against CLIENT to collect its fees, then all its
<br />collection, expenses, including" attomeys fees will be paid by CLIENT.
<br />9. If CLIENT brim a, lawsuit against BRAUN which is dismissed or as to
<br />which verdict is rendered for BRAUN, in whole or in part, CLIENT will pay
<br />BRAUN its costs of defense, including but not limited to attorney's and expert
<br />witness fees.,
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