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<br />STANDARD TERMS-PR®FESSI®NAL SERVICES
<br />Our Agreement with you consists of the accompanying letter or other authorization, Work Orders, and these Standard Terms -
<br />Professional Services.
<br />Section 1: ®ur Responsibilities water. If you are requesting that we provide services that
<br />1.1 We will provide the professional services ("Services") include this risk, you agree to hold us harmless from
<br />described in this Agreement. We will use that degree of such contamination claims, damages, and expenses,
<br />including reasonable attorneys' fees, unless the loss is
<br />care and skill ordinarily exercised under similar caused by our negligence.
<br />circumstances by reputable members of our profession
<br />practicing in the same locality. 2.6 You agree to make disclosures required by law. If we are
<br />1.2 We will select the means, methods, techniques, required by law or legal process to make such
<br />disclosures, you agree to hold us harmless and
<br />sequences, or procedures used in providing our indemnify us from related claims and costs, including
<br />Services. If you direct us to deviate from our selections, reasonable attorneys' fees.
<br />you agree to hold us harmless from claims, damages,
<br />and expenses arising out of your direction. Section 3: Reports and Records
<br />1.3 We will acquire all licenses applicable to our Services 3.1 We will retain analytical data relating to the Services for
<br />and we will comply with applicable law. seven years and financial data for three years.
<br />1.4 Our duties do not include supervising your contractors or 3.2
<br />commenting on, supervising, or providing the means and
<br />methods of their work unless we accept any such duty in
<br />writing. We will not be responsible for the failure of your
<br />contractors to perform in accordance with their
<br />undertakings.
<br />1.5 We will provide a health and safety program for our
<br />employees, but we will not be responsible for contractor,
<br />job, or site health or safety unless we accept that duty in
<br />writing.
<br />1.6 Estimates of our fees or other project costs will be based 3.3
<br />on information available to us and on our experience and
<br />knowledge. Such estimates are an exercise of our
<br />professional judgment and are not guaranteed or
<br />warranted. Actual costs may vary. You should add a
<br />contingency.
<br />1.7 The information you provide to us will be maintained in
<br />confidence except as required by law.
<br />Section 2: Your Responsibilities
<br />2.1 You will provide access to property as required.
<br />2.2 You will provide us with prior reports, specifications,
<br />plans, changes in plans, and information about the
<br />project which may affect the delivery of our Services.
<br />You will hold us harmless from claims, damages, and
<br />related expenses, including reasonable attorneys' fees,
<br />involving information not timely called to our attention or
<br />not correctly shown on documents you furnished to us.
<br />2.3 You agree to provide us with emergency procedure
<br />information and information on contamination and
<br />dangerous or hazardous substances or processes we
<br />may encounter in performing the Services.
<br />2.4 You agree to hold us harmless as to any claim that we
<br />are an owner, operator, generator, transporter, treater,
<br />storer, or a disposal facility within the meaning of any
<br />law governing the handling, treatment, storage, or
<br />disposal of dangerous or hazardous materials.
<br />2.5 Site remediation services may involve risk of
<br />contamination of previously uncontaminated air, soil, or
<br />Monitoring wells are your property and you are
<br />responsible for their permitting, maintenance and
<br />abandonment unless we accept that duty in writing.
<br />Samples remaining after tests are conducted and field
<br />and laboratory equipment that cannot be adequately
<br />cleansed of contaminants are your property. They will be
<br />discarded or returned to you, at our discretion, unless
<br />within 15 days of the report date you give written
<br />direction to store or transfer the materials at your
<br />expense..
<br />Our reports, notes, calculations, and other documents,
<br />and our computer software and data are instruments of
<br />our Services, and they remain our property, subject to a
<br />license to you for your use in the related project for the
<br />purposes disclosed to us. You may not use or transfer
<br />our reports to others for a purpose for which they were
<br />not prepared without our written approval. You agree to
<br />indemnify and hold us harmless from claims, damages,
<br />and expenses, including reasonable attorneys' fees,
<br />arising out of any unauthorized transferor use.
<br />3.4 Because electronic documents may be modified
<br />intentionally or inadvertently, you agree that we will not
<br />be liable for damages resulting form change in an
<br />electronic document occurring after we transmit it to you.
<br />In case of any difference or ambiguity between an
<br />electronic and a paper document, the paper document
<br />shall govern. When accepting document transfer in
<br />electronic media format, you accept exclusive risk
<br />relating to long-term capability, usability, or readability of
<br />documents, software application packages, operating
<br />systems, and computer hardware.
<br />3.5 If you do not pay for the Services in full as agreed, we
<br />may retain reports and work not yet delivered to you and
<br />you agree to return to us our reports and other work in
<br />your possession or under your control. You agree not to
<br />use or rely upon our work for any purpose until it is paid
<br />for in full.
<br />Section 4: Compensation
<br />4.1 You will pay for the Services as agreed upon or
<br />according to our then current fee schedules if there is no
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