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R�OOF �� <br />SPEC <br />INC: � <br />2400 Prior Av�erx.e No. <br />St. Paul, MN 55113 <br />(651) 639-0644 <br />wwwroohpec.00rn <br />INDEMNIFICATION AND WAIVER <br />RELATING TO ASBESTOS <br />In engaging Roof Spec, Ina ("Roof Spec") to survey and analyze the roof system which is the subject of this contract and provide <br />consulting services related thereto, the client acknowledges that Roof Spec, Inc. is not contracting to discover, 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 ahazard, client will not hold Roof Spec liable <br />under any legal theory including 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 project (or that portion of the project 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 supplementary conditions, technical conditions, plans and specifications. <br />Accepted and Agreed to: <br />�Y (Signature) � � (Signature) <br />Title <br />Company <br />Senior Consultant <br />Title <br />Roof Spec, Inc. <br />Company <br />Terry Thone <br />���� St. Paul, Minnesota Date Elmira, New York <br />f • �� " • � • � � � � • � '� • � � - � �" • � a. <br />All conclusions4ip ruommsndatlons ars wbmfltad os !hs mnRdentiol propsRy of our disnts. Any copiss or estraaions o m��� psndtng our writtsn opprovol. <br />