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LE Paragraph 5 above, shall be determined on a comparative responsibility basis under comparative negligence principles (SWDD responsibility to include that of its agents, employees and other contractors). 8. RIGHT 4F ENTRY SWDD grants to GeoSyntec, and, if the project site is not owned by SWDD, warrants that permission has been granted for, a right of entry from time to time by GeoSyntec, its employees, agents and subcontractors, upon the project site for the purpose of providing the Services. 9. HAZARDOUS SUBSTANCES All nonhazardous samples and by-products front sampling processes in connection with the Services shall be disposed of by GcoSyntee in accordance with applicable law; provided, however, that any and all such materials, including wastes, that cannot be introduced back into the environment under existing law without additional treatment, and all hazardous wastes, radioactive wastes, hazardous materials or hazardous substances ("Hazardous Substances") related to the Services, shall be packaged in accordance with applicable law by GeoSyntec and turned over to SWDD for appropriate shipping and disposal. GeoSyntec shall not arrange or otherwise dispose of Hazardous Substances under this Agreement. GeoSyntec, at SWDD's request, may assist SWDD in identifying appropriate alternatives for off-site treatment, storage or disposal of the Hazardous Substances, but GeoSyntec shall not snake any independent determination relating to the selection of a treatment, storage, or disposal facility nor subcontract such activities through transporters or others. SWDD shall sign all necessary manifests for the disposal of Hazardous Substances. If SWDD insists upon the signing of such manifests by GeoSyntec's agents or employees, such signing shall be as SWDD's agent so that GeoSyntec will not be considered to be a generator, transporter, or disposer of such Hazardous Substances, and SWDD shall indemnify GeoSyntec against any claim or loss resulting from such signing and from GeoSyntec's non -negligent handling of Hazardous Substances. If unanticipated Hazardous Substances or conditions are encountered, GeoSyntec may suspend work for safety reasons until mutually agreeable arrangements are made, which may involve amendments to this Agreement 10. CONFIDENTIALITY GcoSymec will maintain as confidential any documents or information provided by SWDD and will not release, distribute or publish same or GeoSyntec's test results to any third party without prior permission from SWDD, unless compelled by law or order of a court or regulatory body of competent jurisdiction. Such release will occur only after prior notice to SWDD, 11. USE OF DOCUMENTS Provided that GeoSyntec has been fully paid for the Services, SWDD shall have the right to use the documents, maps, photographs, drawings and specifications resulting from GeoSyntec's efforts on the project. Reuse of any such materials by SWDD on any extension of this project or any other project without GeoSyntec's written authorization shall be at SWDD's sole risk. GeoSyntec shall have the right to retain copies of all such materials. GeoSyntec retains the right of ownership with respect to any patentable concepts or copyrightable materials arising from its Services. 12, SWDD RESPONSIBiLITY SWDD shall: (1) provide GeoSyntec, in writing, all information relating to SWDD's requirements for the project; (2) to the best of SWDD's knowledge, provide information regarding the location of subsurface structures, such as pipes: tanks, cables, and utilities; (3) nota GeoSyntec of any potential hazardous substances or other health and safety hazard or condition known to SWDD existing on or near the project site; (4) give GeoSyntec prompt written notice of any suspected deficiency in the Services; and (5) with reasonable promptness. provide required approvals and decisions. GeoSyntec shall be responsible for contacting local utility locate service(s). IN DtAN 1t I . DOC