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1.7 Other Contractors. Except to the extent expressly agreed in writing, BOA will not have any duty or
<br />authority to direct, supervise, or oversee any contractors of Client or their work or to provide the means, methods, or
<br />sequence of their work or to stop their work, BOA's services and/or presence at a site will not relieve others of their
<br />responsibility to Client or to others. BOA will not be liable for the failure of Client's contractors or others to fulfill their
<br />responsibilities, and Client agrees to indemnify, hold harmless, and defend BOA against any claims arising out of such
<br />failures.
<br />1.8 Litigation support. BOA will not be obligated to provide expert witness or other litigation support related to
<br />its services, unless expressly agreed in writing. In the event BOA is required to respond to a subpoena, government
<br />inquiry, or other legal process related to the services in connection with a proceeding to which it is not a party, Client
<br />will reimburse BOA for its costs and compensate BOA at its then standard rates for the time it incurs in gathering
<br />information and documents and attending depositions, hearings, and the like.
<br />1.9 Warranty. If manufactured products are purchased by BOA and finnished to Client or incorporated into the
<br />work, BOA will assign to Client any warranties provided by the manufacturer, to the extent they are assignable, and
<br />Client's sole resource will be against the manufacturer. NO FURTHER WARRANTIES OR GUARANTIES,
<br />EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER
<br />THIS AGREEMENT, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
<br />PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. Full risk of loss of materials and equipment furnished
<br />by BOA will pass to Client upon their delivery to Client's premises, and Client will be responsible for protecting them
<br />against theft and damage. However, until BOA is paid in full, it will retain title for security purposes only and flue right
<br />to repossess the materials and equipment.
<br />Article 2: Responsibilities of Client
<br />2.1 Client requirements. Client, to the best of its ability, without cost to BOA, will:
<br />(a) Designate to BOA a person to act as Client's representative;
<br />(b) Provide or arrange for access and make all provisions for BOA to enter any site where services are to be
<br />performed;
<br />(c) Furnish BOA with all reasonably available information pertinent to the services;
<br />(d) Furnish BOA with a legal description of the site and all available surveys, site plans, and relevant information
<br />about site conditions, topography, boundaries, easements, zoning, land use restrictions, and right -of -ways, if
<br />available and as needed;
<br />(e) Furnish BOA with all approvals, permits, and consents required for performance of the services except for
<br />those BOA has expressly agreed in writing to obtain;
<br />(f) Notify BOA promptly of all known or suspected Hazardous Materials at the site, of any contamination of the
<br />site by Oil or Hazardous Material, and of any OTHER CONDITIONS REQUIRING SPECIAL CARE, and
<br />provide BOA with any available documents describing the quantity, nature, location, and extent of such
<br />materials, contamination, or conditions;
<br />(g) Comply with all laws and provide any notices required to be given to any government authorities in
<br />connection with the services, except for such notices BOA has expressly agreed in writing to give;
<br />(h) Before conuiiencement of any drilling or excavation at a site, furnish BOA with a complete description (to the
<br />best of their ability) of all underground objects and structures at the site, including, but not limited to, wells,
<br />tanks, and utilities; and indetimify, hold harmless, and defend BOA against claims arising out of damages to
<br />underground objects or structures not properly defined;
<br />(i) Provide BOA with information concerning prior owners of the site and any current or historical uses of or
<br />activities on the site by Client, prior owners, or others, as needed;
<br />(j) Furnish to BOA any known contingency plans related to the site;
<br />(k) Furnish to BOA any previous environmental audits and/or assessments related to the site.
<br />2.2 Hazards. Client represents and warrants that it does not have any knowledge of Hazardous Materials or Oil,
<br />or unusually hazardous conditions at the site or of contamination of the site by Oil or Hazardous Materials except as
<br />expressly disclosed to BOA in writing.
<br />2.3 Confidentiality. Client acknowledges that the technical and pricing information contained in this Agreement
<br />is confidential and proprietary to BOA and agrees not to disclose it or otherwise make it available to others without
<br />BOA's express written consent.
<br />2.4 Health and safety. Client acknowledges that it is now and will at all times remain in control of the project
<br />site. Except as expressly provided herein, BOA will not be responsible for the adequacy of the health or safety
<br />prograrns or precautions related to Client's activities or operations, Client's other contractors, the work of any other
<br />Berg♦ Oliver Associates, Inc.
<br />BOA Project Number 8310espr
<br />July 5, 2011
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