R97-146 ACCEPTING THE PROPOSAL AND AUTHORIZING AN AGREEMENT

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the scope of their authority,will be named as additional ins�u+ed for the Project All Projcet contractors shall be rcquired to include Client end Consultant as additional insureds on their General Liability insutaace policies. INFORMATION. Consultaat may rely upon inforniadoa supplied by Client,or its contractoa�s or consultaats,o�information available firnn generelly accepted reputable sources,without independent verification,ead essumes ao responsibility for the accuracy thereof. Client understands that anY S�Physical findings pzovidcd hereunder will not replace quantitative teats,and that the identification of subsurface features is contingent on geophysical data being acquired directly over a feature and the subsequent inte�pretation of such data. Consultant will not be held responsible f� aay determinations of the struchusl integrity of the soil or underlyit�g strata or,because of dynamic geologic conditions and man-made conslruction/development, for any change in subsurface conditions. DELAYS. Consultant shall have no liability towards Client,or its contractors ar consultants,for delays in the performance of the Services,or any part of the Services, caused by actions or occurrences beyond Cons�iltant's reasonable control. The time of Consultant's performance under this Agreement shall be enlarged to reflect such delays. DOCUMENTS Client may use any final reports of findings>Plans,desi�s,engineerin8 work,or other work performed ar ', Prepared bY Consultant under ttus Agreemen� Consultant does not warrant that the Services(or any reports or data based I thereon)will be su�cient in form or substance to satisfy any required or desired regulatocY 88�Y ePP�val. Reuse of such I reports or wark results by Client for enY PuTPose other then that for which such repo�ta or vwork were oriS�lY PreP��,� alteration of such reports or work results without written verificati�or adaptation by Coos�iltant for the specific putpose II intended,shsll be at Clienrs sole risk. Reports end dceuments prodwxd by Consultaat will be in a format acceptable for the � intended use of the Client RECOURSE OF CLIENT LIIVIITED TO LAYNE GEOSCIENCES, INC. CLIEIJT UNDERSTANDS AND AGREES THAT HE IS CONTRACTII�TG WITfi LAYNE GEOSC�TCES,INC. CLI�TTf AGREES THAT iT LS RELYII�iG SOLELY ON LAYNE GEOSC�TCES, INC. AND 1TS ASSETS TO PERFORM THIS AGREEMENT AND TO FULFILL TI'S " OBLIGATIONS AND LIABILTIIES HEREUNDER,TOGETf�R W11H ANY AND ALL OBLIGATIONS OR LIABILTfIES ARLSING IN ANY MANNER, DIRECTLY OR INDIRECTLY, AS A RESULT OF THIS AGREEMENf OR Tf� SERVICES TO BE PROVIDED BY LAYNE GEOSCIENCES,INC.. GOVERNING LAW. Ttris Agreement shall be governed by the laws of the state of IIlinois. NIISCELLANEOUS. The terms and conditions set forth herein constitute the entire understanding of the parties relating to the Services. All previous proposals,ot�'ers,end other communications relative to the Services,oral or written, are hereby supersedecl, except to the extent that they have been expressly incorporated herein. Any modifications or revision of any provisions hereof or any additional provisions contained in any purchase order,acknowledgment,or other form of the Client is hereby expressly objected to by Consultant and shall not operate to modify this Agreement. This Agreement shall take et�ect upon acceptance and execution by Consultant. COMPLETE AGREEMENf. This Agreement, together with the Rate Schedule (Exhibit A), and any supplementary exhibits, drawings, specscations and documents incoiporated by reference, constitute the entire contract for consulting services between Consultant and Client. 3