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ENVIRONMENTAL/ GEOTECHNICAL SERVICE AGREEMENT-TERMS AND CONDITIONS Page 1 of 4
<br />SECTION 1 - RESPONSIBILITIES
<br />1_1 - This Service Agreement — Terms and Conditions ("terms and conditions") is applicable to all services ("Services") provided by American
<br />Engineering Testing, Inc. (AET). As used herein "Services" refers to the scope of services described in the proposal submitted by AET to Client.
<br />The proposal, these terms and conditions and any appendices attached hereto shall comprise the agreement ("Agreement") between AET and
<br />Client forServices described in the proposal and are binding upon the Client, its successors, assignees, joint ventures and third-party beneficiaries.
<br />AET requests written acceptance of the ,4greement, but the following actions shall also constitute Client's acceptance of the Agreement: 1)
<br />issuin� an authorizin� purchase order, task order, service order, or anv other documentation for anv of the Services. 2) authorizins AET's
<br />presence on site, or 3) written or electronic notification for AET to proceed with anv of the Services. Issuance of a purchase order, task order
<br />or service order by Client which contains separate terms and conditions will not take precedence or modify the terms and conditions contained
<br />in this Service Agreement AND THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT AND ANY CORRESPONDING PROPOSAL ISSUED
<br />BY AET SHALL GOVERN UNLESS AUTHORIZED IN WRITING IN ADVANCE BY AET.
<br />1_2 — Prior to AET performing Services, Client will provide AET with all information that may affect the cost, progress, safety and performance of
<br />the Services. This includes, but is not limited to, information on proposed and existing construction, all pertinent sections of contracts between
<br />Client and their Client and/or Owner which contain flow-down provisions to AET, if they are provided, site safety plans or other documents which
<br />may control or affect AET's Services. If new information becomes available during AET's Services, Client will provide such information to AET in a
<br />timely manner. Failure of Client to timely notify AET of changes to the project including, but not limited to, location, elevation, loading, or
<br />configuration of the structure or improvement will constitute a release of any liability or indemnity obligations of AET for loss or damages related
<br />to such changes. Client will provide a representative for timely answers to project-related questions by AET.
<br />1_3 - AET is responsible only for performance of the Services. AET will not be held responsible for work or omissions by Client or any other party
<br />working on the project. The Services do not include construction management, general contracting or surveying services. AET will not be
<br />responsible for directing or supervising the work of other parties, unless specifically authorized and agreed to in writing.
<br />1_4 — Client acknowledges the limitations inherent in sampling to characterize buried subsurface conditions. Variations in soil conditions occur
<br />between and beyond sampled/tested locations. The passage of time, natural occurrences and direct or indirect human activities at the site or
<br />distant from it may alter the actual conditions. Client assumes all risks associated with such variations in soil and subsurface conditions.
<br />1_5 - AET is not responsible for interpretations or modifications of AET's recommendations by other persons.
<br />1_6 - Should changed conditions be alleged, Client agrees to notify AET before evidence of alleged change is no longer accessible for evaluation.
<br />1_7— Pricing in the proposal assumes use of these terms and conditions. AET reserves the right to amend pricing if Client requests modifications
<br />to the Agreement or use of Client's alternate contract format. Any contract amendments made after Client has authorized the Services shall be
<br />applicable only to Services performed after the effective date of such amendment. The proposal and these terms and conditions, including terms
<br />of payment, shall apply to all Services performed prior to the effective date of such amendment.
<br />1_8 - The AET proposal accompanying these terms and conditions is valid for thirty (30) days after the proposal issuance date to the Client. Any
<br />attempt to authorize Services after the expiration date is subject to AET's right to revise the proposal as necessary.
<br />SECTION 2- SITE ACCESS AND RESTORATION
<br />2_1- Client will furnish AET safe and legal site access.
<br />2_2 Client acknowledges that in the normal course of its Services, AET may unavoidably alter existing site conditions or affect the environment in
<br />the area being studied. AET will take reasonable precautions to minimize alterations to the site or existing materials. Restoration of the site is the
<br />responsibility of the Client.
<br />SECTION 3- UNDERGROUND UTILITIES AND STRUCTURES (FACILITIES)
<br />3_1 - AET's sole responsibility under this section will be to contact the state "call before you dig" notification center (e.g. Gopher State One
<br />Call in Minnesota), if such an entity exists, for location information of public utilities only. AET shall have no obligation to proceed with the
<br />work until Client has fully complied with all the requirements of this Section 3.
<br />3.2 - Client will mark or cause to be marked the location of all other Facilities that service or are located on the site. AET shall be entitled to
<br />rely upon the accuracy of all location information supplied by any source.
<br />3_3 - Client acknowledges that location data may be incorrect or that some Facilities may not be capable of location and Client fully accepts
<br />this risk and waives any claims against AET for incorrect locations or Facilities incapable of location._
<br />3_4 - Client shall hold harmless, indemnify and defend AET from all claims, damages, losses, fines, penalties and expenses (including attorney's
<br />fees) arising out of or related to the following: a) Facilities that are not shown or vary from the locations shown on any plans or drawings, b)
<br />Facilities that are not located by or vary from the locations marked by Client, governmental or quasi-governmental locator programs, or private
<br />utility locating services, or c) any other Facilities that are not disclosed or vary from locations provided by the Client. The obligation to defend
<br />AET shall be independent of the obligation to indemnify and hold harmless AET and shall be with independent counsel acceptable to AET.
<br />SECTION 4 - CONTAMINATION
<br />4_1 - Client acknowledges and accepts all contamination risks which may be associated with the Services. Risks include, but are not limited to,
<br />cross contamination created by linking contaminated zones to uncontaminated zones during the drilling process; containment and proper
<br />disposal of known or suspected hazardous materials, drill cuttings and drill fluids; and decontamination of equipment and disposal and
<br />replacement of contaminated consumables. Discovery of actual or suspected hazardous materials shall entitle AET to take immediate measures
<br />it deems necessary in its sole discretion, including regulatory notification, to protect human health and safety, and/or the environment. Further,
<br />discovery of such materials constitutes a changed condition for which Client agrees to pay associated additional cost.
<br />4_2 - Client shall indemnify and hold AET harmless from all liability, damages, claims or costs resulting from contaminants on the site.
<br />ACS417EG (O1/23) AMERICAN ENGINEERING TESTING, INC.
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