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<br />STS General Conditions <br /> <br />~~ <br /> <br />ft8 COBBULT.A1ft8, LTD. <br />a..." aT. COllDftIOn 01' SBBVICJI <br /> <br />These GeneraJ. Conditions of Service,including any Supplemental Conditions of Service which a.re or may become <br />app11c&ble to the services descr1bed in STS's Proposal, a.re incorporated by reference into the foregoing Proposal and <br />sh&U, 1f said Proposal 18 accepted by Client, be part of the .Agreement under which services a.re to be performed. by STS <br />for Client. <br /> <br />DC'nO. 1: &COD 01' .oBI[ <br /> <br />.. It 18 understood. that the scope of work and the time schedules defIned in the Proposal a.re based. on the <br />information provided by the Client. If this information 18 incomplete or 1n&CCur&te, or 1f Site conditions a.re <br />encountered. which mater1aJ.]y vary from those 1nd1cated by the Client, or 1fthe Client directs STS to change the <br />or1g1na.l scope of work est&b11shed by the Proposal, a written amendment to the .Agreement equitably &q1ust1.I1g <br />the costs and/or performance time thereunder, sh&U be executed. by the Client and STS as soon as practicable. <br />Consent to amendments sh&U not be unreasonably withheld <br /> <br />b. STS sh&U perform a.l1 services, spec1f1ed in the Proposal, which a.re reasonably necessary and appropriate for the <br />effective and prompt fulf1llment of STS's obligations under the .Agreement. The relationship between the Client <br />and STS created under this .Agreement 18 that of principal and independent contractor. All of the services <br />provided by STS sh&U be subject to the provisions of the .Agreement, including these General Conditions, any <br />supplemental conditions incorporated herein, and any written amendments as referenced. above. STS sh&U <br />invoice its costs, and Client sh&U provide payment for a.l1 services provided in accordance with Section 3 below. <br /> <br />Demo. a: CLDIJft DI8CL08'UBB8 <br /> <br />.. It sh&U be the duty of the Client to notify STS ofany known or suspected.ha.za.rdous substances which a.re or may <br />be related to the services to be provided. Such h.a.za.rdous substances sh&U include but not be 11m1ted to any <br />substance which poses or may pose a present or potent1a.l ha.za.rd to humanhea.lth or the environment whether <br />cont&1ned in a product, mater1a.l, by-product, waste or sample and whether it exists in a solid, 11qu1d., semi-solid. <br />or gaseous form. Th1s duty sh&U aJ.so apply to any of the foregoing subst&nces which STS may be provided or <br />obtain or which exist or may exist on or near any premises upon which services a.re to be performed. by STS's <br />employees, agents or contractors. The Client sh&U notify STS of a.l1 such h.a.za.rdous substances of which it has <br />knowledge or which it reasonably suspects exist upon entering into this .Agreement. Thereafter, d1sclosure and <br />notttlcation to STS sh&U be required 1mm.ed1&tely upon discovery of any other h.a.za.rdous substances or upon <br />discovery of increased concentrations of previously d1sclosed. substances where the increased concentration <br />makes them h.&za.rd.ous. <br /> <br />b. Following any d1sc1osure as set forth in the preceding paragraph, or 1fany h.&za.rd.ous substances a.re d1scovered. <br />or reasonably suspected by STS a.ft.er its services a.re undertaken, STS may, at its d1scret1on, suspend its services. <br />Whether or not STS suspends its services in whole or in part, the Client and STS agree that the scope of services, <br />terms and conditions, schedule and the est1mated fee or budget sh&U be &<:\1U8ted in a.ccord&nce with the <br />d1sclosed.information or condition, and STS may, at its d1scret1on, term1.n&te the .Agreement. In the event that <br />the .Agreement 18 term1.n&ted pursua.nt to this Section, the Client sh&U PBiY' STS for services and a.l1 term1.n&tion <br />expenses as set forth in Section 11 of th1s .Agreement. <br /> <br />c. If a.l1 or any part of the scope of work 18 to be performed. in the general vic1n1ty of a facility or in an area. where <br />dust, fumes, gas, noise, vibrations or other particulate or nonparticulate matter 18 in the atmosphere where it <br />ra.1Ses a potent1a.l hea.lth ha.za.rd or nu1s&nCe to those work1ng in the area. of such conditions, Client sh&U not11y <br />STS of such conditions, potent1a.l hea.lth ha.za.rd or nu1s&nce and thereafter STS sh&U take a.l1 necessary and <br />reasonable measures to protect its employees aga.1nst such possible hea.lth ha.za.rds or nutsa.n.ces. The <br />reasonable direct cost of such measures sh&U be borne by the Client. <br />