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<br />SPEC
<br />aNC:M �
<br />�aoo �;o�- a� nio.
<br />St. Paul, MN 55113
<br />(651) 439-0644
<br />vuuwv.rooispec.c�orr�
<br />INDEMNIFICATION AND WAIVER
<br />RELATING TO ASBESTOS
<br />In engaging Roof Spec, Inc. ("Roof Spec ") to survey and analyze the roof system which is the subj ect of this contract and provide
<br />consulting services related thereto, the client acknowledges that Roof Spec, Inc. is not contracting to discove�contain, or clean up
<br />asbestos or asbestos containing materials ("ACM) and agrees that (�, although asbestos or ACM may be encountered in the roof
<br />system or parts of the roof system and areas adjacent thereto, and although activities by Roof Spec, its employees, agents, or
<br />subcontractors, (including but not limited to, sampling, and corrective work) may disturb asbestos in the roof system or in other parts
<br />of the-building of which the roof system is a part and cause such asbestos or ACM to be a hazard, client will not hold Roof Spec liable
<br />under any legal theoryincluding those based upon any failure to discover or to attempt to discover the presence of asbestos of ACM,
<br />failure to contain, remove, or clean up asbestos or ACM or any other act of omission arising from the presence of asbestos or ACM
<br />(including disturbing any such presently existing materials and (ii) client will defend and identify, to the greatest extent allowable under
<br />the law, Roof Spec, its director, officers, employees, agents, successors and assigns against, and hold them harmless from and in
<br />respect of, any claim, demand, loss, liability, cost, or exposure, including, butnot limited to, reasonable attomey's fees and property
<br />damage related to the presence of asbestos or ACM in the building, or any disturbance of the same, excepting only claims by
<br />employees, agents, or subcontractors of Roof Spec.
<br />In the event Roof Spec, learns of the existence of asbestos or ACM in connection with its work, Roof Spec's sole obligation will be to
<br />use diligent efforts to notify client of the existence of materials. Roof Spec shall have the right to discontinue its work and remove its
<br />employees from the proj ect (or that portion of the proj ect in which such materials were encountered), until those materials (or that
<br />portion of the proj ect in which such material were encountered), until those materials (or any hazards related thereto) are abated,
<br />encapsulated or removed, and/or it is determined that no hazard exists. If asbestos or ACM are encountered or changes in the
<br />sequence or methods of this occasioned as a consequence of said encounter.
<br />This indemnification and waiver shall govern over conflicting or inconsistent clauses of the General Contract, general conditions of
<br />the contract, special or supplementa�y conditions, technical conditions, plans and specifications.
<br />Accepted and Agreed to:
<br />��` (Signature) �� (Signature)
<br />�
<br />Title
<br />Company
<br />Senior Consultant
<br />Title
<br />Roof Spec, Inc.
<br />Company
<br />Terry Thone
<br />��i�' St Paul, Minnesota Date Elmiro, New York
<br />��ONSUl.1'ING � SPECIfICATIONS � DESIGN � CONStRUCTION MANAGENIEM � NSPECTIONS � TESTING
<br />Atl conclusions ond rscommsnda8ons a n wbmittsd as � wnAdsntiaf propsrty af our disnts. Any copies or sreraelions o n nssrvsd psnding our writtsn approval.
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