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General Terms & Conditions - 2 - November 19 , 2009 structures , including tanks , piping , water, telephone , electric , gas , sewer, and other utility lines . Client agrees to notify ENVIRON of any hazardous site conditions or hazardous materials , about which Client has knowledge and to which ENVIRON Is employees or contractors may be exposed while performing services on behalf of Client , including providing copies of relevant Material Safety Data Sheets . Client also shall make available to ENVIRON all information within its control necessary to allow ENVIRON to perform its services and agrees to comply with reasonable requests by ENVIRON for clarification or additional information . Client shall be responsible for the accuracy of this information . ENVIRON shall not be responsible for any damage to underground structures or utilities to the extent such damage was caused by incomplete or inaccurate information provided to us by the client or other party . Client agrees to make ENVIRON aware of any unsafe conditions at any project site about which Client has knowledge . 7 . Reportinq Requirements : Client may be required under federal , state or local statutes or regulations to report the results of ENVIRON ' s services to appropriate regulatory agencies . ENVIRON is not responsible for advising Client about its reporting obligations and Client agrees that it shall be responsible for all reporting , unless ENVIRON has an independent duty to report under applicable law . In those situations , ENVIRON will provide Client with advance notice that ENVIRON believes that it has an obligation to report as well as the substance of the report it intends to make . 8 . RCRA Compliance : Client shall be responsible for complying with the Resource Conservation and Recovery Act , 42 U . S . C . Section 6901 et . seq . ( " RCRA" ) and its implementing regulations in connection with ENVIRON ' s work under this Agreement . Client may request ENVIRON ' s assistance in meeting its RCRA and other similar waste management obligations , including analytical testing to assist Client in proper characterization of waste , identifying potential transporters and disposal facilities for waste ( provided that Client shall make the final selection of both the transporter and disposal facility ) , entering into subcontracts or purchase order arrangements with the transporters and /or disposal facilities selected by Client , and preparing manifests for the Client' s approval and execution . Client agrees that , by virtue of providing these services , ENVIRON shall not be deemed a " generator" or a party who " arranges " for the "transportation , " "treatment" or " disposal " of any " hazardous waste " or " hazardous substance " ( as those terms are defined in the Comprehensive Environmental Response Compensation and Liability Act or " CERCLA" , 42 U . S . C . Section 9601 ) . Client agrees to indemnify , defend and hold ENVIRON , its directors , officers , employees and agents , harmless from and against any and all claims , demands , judgments , obligations , liabilities , any costs ( including reasonable attorneys ' and expert fees ) relating to : ( 1 ) ENVIRON ' S work in assisting Client with its RCRA obligations ; and ( 2 ) the transportation , treatment , and disposal of hazardous substances or hazardous waste generated by the field activities conducted for Client . 9 . Confidentiality : We treat all information obtained from Clients , not otherwise previously known to us as confidential , unless such information comes into the public domain through no fault of ours , or is furnished to us by a third party who is under no obligation to keep the information confidential . If we are subpoenaed to disclose confidential information obtained from you or about our work for you , we will give you reasonable notice and the opportunity to object before releasing any confidential information . 10 . Independent Contractor : Client agrees that ENVIRON is acting as an independent contractor and shall retain responsibility for and control over the means for performing its services . Nothing in these Terms and Conditions shall be construed to make ENVIRON or any of its officers , employees or agents , an employee or agent of Client .