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1.7 Other Contractors. Except to the extent expressly agreed in writing, 130A 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 furnished 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 the 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) Fumish 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 commencement 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 indemnify, 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) Fumish 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 /> programs 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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