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<br /> 12. JOB SITE: Services perfortned by HANSON during construction will be Hazardous substances or pollutants may exist at a site where they�would not"
<br /> limited to providing assistance in qualiry control and to deal with questions by the reasonably be expected to be present. HANSON and CLIENT agree that the
<br /> CLIENT's representative conceming conformance with drawings and specifications. discovery of unanticipated hazardous substances or pollutants constitutes a"changed
<br /> This activity is not to be interpreted as an inspection service, a construction condition" mandating a renegotiation of the scope of services or tertnination of
<br /> supervision service,or guaranteeing the Contractor's performance. HANSON will not services.
<br /> be responsible for construction means,methods,techniques,sequences or procedures,
<br /> or for safety precautions and programs. IIANSON will not be responsible for the HANSON and CLIENT also agree that the discovery of unanticipated hazardous
<br /> Contractor's obligation to cany out the work in accordance with the Contract substances or pollutants will make it necessary for [IANSON to take immediate
<br /> Documents. HANSON will not be considered an agent of the owner and will not measures to protect human health and safety, and/or the environment. HANSON
<br /> have authority to direct the Contractor's work or to stop work. agrees to notify CLIENT as soon as possible if unanticipated lmown or suspected
<br /> hazardous substances or pollutants are encountered. CLIENT encourages IIANSON
<br /> 13. OPINIONS OF COST: Since IIANSON has no wntrol over the cost of labor, to take any and all measures that in IIANSON's professional opinion are justified to
<br /> materials or equipment or over a Contractor's method of determining prices,or over preserve and protect the health and safety of HANSON's personnel and the public,
<br /> competitive bidding or market conditions, its opinions of probable Project cost or and/or the environment, and CLIENT agrees to compensate F�ANSON for the
<br /> construction cost for this Project will be based solely upon its own experience with additional cost of such measures. In addition, CLIENT waives any claim against
<br /> construction,but HANSON cannot and dces not guarantee that proposals,bids or the IIANSON,and a�ees to indemnify,defend and hold HANSON harmless from any
<br /> construction cost will not vary from its opinions of probable costs. If the CLIENT claim or liabiliry for injury or Ioss arising from the presence of unanticipated]rnown
<br /> wishes greater assurance as to the construction cost,he shall employ an independent or suspected hazardous substances or pollutants. CLIENT also agrees to compensate
<br /> cost estimator. HANSON for any time spent and expenses incurred by IIANSON in defense of any
<br /> such claim, with such compensation to be based upon IIANSON's prevailing fee
<br /> 14. SHOP DRAWING REVIEW: CLIENT agrees that HANSON's review of shop schedule and expense reimbursement policy. Further, CLIENT recognizes that
<br /> drawings,when such review is included in the scope of services,shall be solely for I IANSON has no responsibility nor liability for the removal,handling,transportation,
<br /> their wnformance with HANSON's design intent and conformance with information or disposal of asbestos containing materials,nor will IIANSON act as one who owns
<br /> given in the construction documents. IiANSON shall not be responsible for any or operates an asbestos demolition or renovation activity, as defined in regulations
<br /> aspects of a shop drawing submission that affect or are affected by the means, under the Clean Air Act.
<br /> methods, techniques, sequences and operations of construction, safety precautions
<br /> and programs incidenta]thereto,all of which are the Contractor's responsibility. The 18. AQUIFER CONTAMINATION: Subsurface sampling may result in
<br /> Contractor will be responsible for lengths, dimensions, elevations, quantities and contamination of certain subsurface areas,as when a probe or boring device moves
<br /> coordination of the work with other trades. CLIENT warrants that the Contractor through a contaminated area,linking it to an aquifer,underground stream,or other
<br /> shall be made awaze of his responsibilities to review shop drawings and approve them hydrous body not previously contaminated and capable of spreading hazardous
<br /> in these respects before submitting them to HANSON. substances or pollutants off-site. Because subsurface sampling is a necessary aspect
<br /> of the services which HANSON will provide on CLIENTs behalf,CLIENT waives
<br /> 15. CONFIDENTIALITY: Each party shall retain as confidential,all information any claim against IIANSON,and agrees to defend, indemnify and hold IIANSON
<br /> and data fumished to it by the other party which are designated in writing by such harmless from any claim or liability for injury or loss which may arise as a result of
<br /> other party as confidential at the time of transmission,and are obtained or acquired by alleged crosscontamination caused by sampling. CLIENT fu�ther agrees to
<br /> the receiving party in connection with this Agreement, and said party shall not compensate IIANSON for any time spent or expenses incurred by HANSON in
<br /> disclose such information to any third party. defense of any such claim, in accordance with fIANSON's prevailing fee schedule
<br /> and expense reimbursement policy.
<br /> 16. SAMPLES: All samples of soil and rock will be discarded sixty(60)days after
<br /> report submittal. Upon CLIENTs authorization,samples will be either delivered in 19. RECOGNITION OF RISK: CLIENT acknowledges and accepts the risk that:
<br /> accordance with CLIENTs instructions or stored for an agreed charge. (1)data on site conditions such as geological,geotechnical,ground water and other
<br /> substances and materials,can vary from those encountered at the times and locations
<br /> 17. DISCOVERY OF UNANTICIPATED HAZARDOUS SUBSTANCES OR where such data were obtained, and that this (imitation on the available data can
<br /> POLLIJ'I'ANTS: Hazardous substances are those so defined by prevailing Federal, cause uncertainty with respect to the interpretation of conditions at CLIENT's site;
<br /> State,or Local laws. Pollutants mean any solid,liquid,gaseous or thermal imtant or and(2)although necessary to perform the Agreement,commonly used exploration
<br /> contaminant including smoke, vapor, soot, fumes, acids, alkalies, chemicals and methods (e.g., drilling, borings or trench excavating) involve an inherent risk of
<br /> waste. contamination of previously uncontaminated soils and waters. HANSON's
<br /> application of its present judgment will be subject to factors outlined in(1)and(2)
<br /> above.
<br /> G-GREVO
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