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Paragraph 5 above, shall be determined on a comparative responsibility basis under comparative negligence
<br />principles (SWDD responsibility to include that of its agents, cmPloyces and other contactors).
<br />S. RIGHT OF ENTRY
<br />SWDD grants to GeoSyntec, and, if the project site is not owned by SWDD, warrants that permission has
<br />been granted for, a right of entry from rime to time by GmSynme, its employee,. .,oil and subcontractors, upon the
<br />project site for the purpose ofproviding the Services.
<br />HAZARDOUS SUBSTANCES
<br />All noMamrdous samples and by-products from sampling processes in connection with the Services shall
<br />be disposed of by GeoSyntec m accordance with applicable law; provided, however, that any and all such materials,
<br />including wastes, that cannot be introduced back into the environment under existing law without additional
<br />moment, and all hazardous wastes, radioactive wastes, havardous materials or hazardous substances("Hazardous
<br />Substances")related to the Services, shall be packaged in accordance with applicable law by GeoSyntec and tamed
<br />over to SWDD for appropriate shipping and disposal. GeoSyntec shall not arrange Or otherwise dispose of
<br />Haeardous Substances under this Agreement. GeoSyntec, at SWDD'S request, may assist SWDD in identifying
<br />appropriate alternatives for off- site treatment, storage or disposal ofthe Hazardous Substances, but GeoSyntec shall
<br />not make any independent determination relating to the selection of a treatment, storage, or disposal facility nor
<br />subcontract such activities through transporters or others. SWDD shall sign all necessary manifests for the disposal
<br />of Hazardous Substances. If SWDD insists upon the signingofsuch manifests by GmSyntec'S agentsor employees,
<br />such signing shall be as SWDD's agent so that GeoSyntec will not be considered to be a generator, mu sponer, or
<br />disposer ofsuch Hazardous Substances, and SWDD shall indemnify GraSymec against any claim or loss resulting
<br />from such signing and from GeoSyn,,% nomnegligent handling of Hazardous Substances. If unanticipated
<br />Hamrdous Substances or conditions are encountered, GeoSyntec may suspend work for safety reasons until mutually
<br />agreeable arrangements are made, which may involve amendments to this Agreement
<br />10. CONFIDENTIALITY
<br />GeoSyntec will maintain as confidential any documents or information provided by SWDD and will not
<br />release, distribute or publish same or GeoSyntee's test results to any third pars, without prior permission from
<br />SWDD, unless compelled by law or order ofa coon or regulatory bo%of compemnt jurisdiwion. Suchrdwwwill
<br />occur only after prior notice to SWDD.
<br />11. USEOFDOCUMENTS
<br />Provided that GeoSyntec has been fully paid for the Services, SWDD shall have the right to use the
<br />documents, maps, photographs, drawings and specifications resulting from Gmsyntec's efforts oa the project.
<br />Reuse of any such materiels by SWDD on any extension of this project or my other project without GmSymec's
<br />wines authorization shall be at SWDD's sole risk. GeoS,mec shall have the right to retain copies of all such
<br />materials. GeoSyntec retains the right of ownership with respect to any patentable concepts or copyrightable
<br />materials arising from its Services.
<br />12. SWDD RESPONSIBILITY
<br />SWDD shall: (1) provide GeoSyntec, in writing. all information relating to SWDD's requirements for the
<br />project; (2) to the best of SW DD'S knowledge, provide information regarding the location of subsurface SWciou s,
<br />such es pipes, tanks, cables, and utilities;(]) notify GeoSyntec of any potential ha ordous substances or other health
<br />and safety hazard or condition known to SWDD exiting on or nem the project site; (4) give GeoSyntec prompt
<br />written notice of any suspected deficiency in the Services; and (5) with reasonable promptness, provide required
<br />approvals and decisions. GeoSyntec shall he responsible for contacting local utility[More service(s).
<br />lNDIANRI.000 3
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