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General Terms & Conditions - 3 - November 19 , 2009 11 . Standard of Care : In performing services , we agree to exercise professional judgment , made on the basis of the information available to us , and to use the same degree of care and skill ordinarily exercised in similar circumstances by reputable consultants performing comparable services in the same geographic area . This standard of care shall be judged as of the time the services are rendered , and not according to later standards . ENVIRON makes no other warranty or representation , either express or implied , with respect to its services . Estimates of cost , recommendations and opinions are made on the basis of our experience and professional judgment ; they are not guarantees . Reasonable people may disagree on matters involving professional judgment and , accordingly , a difference of opinion on a question of professional judgment shall not excuse a Client from paying for services rendered . Client recognizes that there may be hazardous conditions at sites to be investigated as part of ENVIRON ' s work . Client acknowledges that ENVIRON has neither created nor contributed to the existence of any hazardous , toxic or otherwise dangerous substance or condition at the site ( s ) which are covered by ENVIRON ' s work . Client also recognizes that some investigative procedures may carry the risk of release or dispersal of pre -existing contamination , even when exercising due care . Client releases ENVIRON from any claim ( including claims under CERCLA or state law ) that it is an "operator" of any site where it performs work for Client or a " generator" or a party who " arranges " for the "transportation , " " treatment" or "disposal " of any " hazardous substance " ( as those terms are defined in CERCLA ) , by virtue of its work for Client at any site . 12 . Insurance : ENVIRON shall maintain the following insurance coverage while it performs the work described in Exhibit "A : " ( 1 ) statutory Workers Compensation and Employer' s Liability Coverage ; ( 2 ) General Liability for bodily injury and property damage of $ 1 , 000 , 000 aggregate ; ( 3 ) Automobile Liability with $ 1 , 000 , 000 combined single limit ; and (4 ) Professional Liability and Contractor' s Pollution Liability with a combined single limit of $ 1 , 000 , 000 per claim and in the aggregate . If Client desires additional insurance or special endorsements , premiums associated with that coverage would be considered a reimbursable expense . Upon request , we will provide you with a certificate of insurance . 13 . Third Parties : ENVIRON ' s services are solely for Client' s benefit and may not be relied upon by any third party without ENVIRON ' s express written consent . Any use or dissemination of ENVIRON work products ( including ENVIRON reports ) , without the written consent of ENVIRON , shall be at Client' s risk and Client shall indemnify and defend ENVIRON from any and all claims , demands , judgments , liabilities and costs ( including reasonable attorneys ' and expert fees ) , related to the unauthorized use or dissemination of ENVIRON ' s work . Client also agrees to be solely responsible for and to defend , indemnify , and hold ENVIRON harmless from and against any and all claims , demands , judgments , liabilities and costs ( including reasonable attorneys ' and expert fees ) , asserted by third parties arising out of or in any way related to our performance or non - performance of services , except for claims of personal injury or property damage to the extent caused by the negligence or willful misconduct of ENVIRON ' s employees . 14 . Limitation of Liability : ENVIRON shall be liable only for direct damages that result from ENVIRON ' s negligence or willful misconduct in the performance of its services . UNDER NO CIRCUMSTANCES SHALL ENVIRON BE LIABLE FOR INDIRECT , CONSEQUENTIAL , SPECIAL , OR PUNITIVE DAMAGES , OR FOR DAMAGES CAUSED BY THE CLIENT 'S FAILURE TO PERFORM ITS OBLIGATIONS UNDER LAW OR CONTRACT . ENVIRON shall not be liable for and Client shall indemnify ENVIRON from and against all claims , demands , liabilities and costs ( including attorneys ' and expert fees ) resulting from on -site activities except to the extent caused by ENVIRON ' s negligence or willful misconduct . In no event shall our