Common use of DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS Clause in Contracts

DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS. CLIENT represents and warrants that it has made reasonable efforts to discover and has informed ALPHA of known or suspected hazardous materials on or near the Project site. The parties acknowledge that hazardous materials may exist at a site even if there is no reason to believe they are present. ALPHA and CLIENT agree that the discovery of such unanticipated hazardous materials constitutes a changed condition that shall require either a re-negotiation of the scope of ALPHA’s Services or termination of this Agreement without cause. CLIENT recognizes that the discovery of hazardous materials may necessitate immediate protective measures to safeguard the public health and safety and shall compensate ALPHA for measures that, in ALPHA’s sole professional discretion, are necessary and justified to preserve and protect the health and safety of site personnel and the public. CLIENT also shall compensate ALPHA for any equipment decontamination or other costs incident to the discovery of unanticipated hazardous materials. ALPHA shall notify CLIENT as soon as practicable should unexpected hazardous materials be encountered at the site that pose a threat to human health, safety and the environment. CLIENT agrees that, in the event of the discovery of hazardous materials at the site, it shall report such discovery to the proper authorities as required by Federal, State, and local regulations. CLIENT agrees to make the required report at the recommendation of ALPHA, or, if unable to do so, authorizes ALPHA to make such report. CLIENT shall also inform the Project site owner in the event that hazardous materials are encountered at the site. Notwithstanding any other provision of this Agreement, CLIENT waives any claim against ALPHA, and to the maximum extent permitted by law, agrees to defend, indemnify, and hold ALPHA harmless from any claim, liability and/or defense costs for damage, injury or loss arising from or in any way related to the presence of hazardous materials on the project site, including any costs created by delay of the project and any costs associated with possible reduction of the property’s value. CLIENT is responsible for ultimate disposal of any samples secured by ALPHA that are found to be contaminated, at CLIENT’s sole cost and expense.

DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS. CLIENT represents and warrants that it CLIENT has made a reasonable efforts effort to discover and has informed ALPHA of known or suspected evaluate if hazardous materials are on or near the Project project site, and that CLIENT has informed GEOTECHNICAL ENGINEER of CLIENT's findings relative to the possible presence of such materials. The parties acknowledge that hazardous Hazardous materials may exist at a site even if where there is no reason to believe they are could or should be present. ALPHA GEOTECHNICAL ENGINEER and CLIENT agree that the discovery of such unanticipated hazardous materials constitutes a changed condition that shall require either mandating a re-negotiation renegotiation of the scope of ALPHA’s Services work or termination of this Agreement without causeservices. GEOTECHNICAL ENGINEER and CLIENT recognizes also agree that the discovery of unanticipated hazardous materials may necessitate make it necessary for GEOTECHNICAL ENGINEER to take immediate protective measures to safeguard the public protect health and safety and shall compensate ALPHA for measures that, in ALPHA’s sole professional discretion, are necessary and justified to preserve and protect the health and safety of site personnel and the publicsafety. CLIENT also shall agrees to compensate ALPHA GEOTECHNICAL ENGINEER for any equipment decontamination or other costs incident to the discovery of unanticipated hazardous materials. ALPHA shall GEOTECHNICAL ENGINEER agrees to notify CLIENT as soon as practicable should unexpected when unanticipated hazardous materials be encountered at the site that pose a threat to human health, safety and the environment. CLIENT agrees that, in the event of the discovery of or suspected hazardous materials at the site, it shall report such discovery to the proper authorities as required by Federal, State, and local regulationsare encountered. CLIENT agrees to make any disclosures required by law to the required report at the recommendation of ALPHA, or, if unable to do so, authorizes ALPHA to make such reportappropriate governing agencies. CLIENT shall also agrees to hold GEOTECHNICAL ENGINEER harmless for any and all consequences of disclosures made by GEOTECHNICAL ENGINEER which are required by governing law. In the event the project site is not owned by CLIENT, CLIENT recognizes that it is CLIENT's responsibility to inform the Project site property owner in of the event that discovery of unanticipated hazardous materials are encountered at the sitematerial or suspected hazardous materials. Notwithstanding any other provision of this Agreementthe AGREEMENT, CLIENT waives any claim against ALPHAGEOTECHNICAL ENGINEER and, and to the maximum extent permitted by law, agrees to defend, indemnify, and hold ALPHA save GEOTECHNICAL ENGINEER harmless from any claim, liability liability, and/or defense costs for damage, injury or loss arising from or in any way related to the presence GEOTECHNICAL ENGINEER's discovery of unanticipated hazardous materials on the project siteor suspected hazardous materials, including including, but not limited to, any costs created by delay of the project and any costs cost associated with possible reduction of the property’s 's value. CLIENT is will be responsible for ultimate disposal of any samples secured by ALPHA that GEOTECHNICAL ENGINEER which are found to be contaminated, at CLIENT’s sole cost and expense.

DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS. CLIENT represents and warrants that it has made reasonable efforts to discover and has informed ALPHA of known or suspected hazardous materials on or near the Project site. The parties acknowledge that hazardous Hazardous materials may exist at a site even if where there is no reason to believe they are could or should be present. ALPHA and CLIENT KAIZEN COLLABORATIVE DESIGN, INC.and the Client agree that the discovery of such unanticipated hazardous materials constitutes may constitute a changed condition that shall require either mandating a re-negotiation renegotiation of the scope of ALPHA’s Services work or termination of this Agreement without causeservices at the election of either party. CLIENT recognizes KAIZEN COLLABORATIVE DESIGN, INC.and the Client also agree that the discovery of unanticipated hazardous materials may necessitate make it necessary for KAIZEN COLLABORATIVE DESIGN, XXX.xx take immediate protective measures to safeguard the public protect human health and safety safety, and/or the environment. KAIZEN COLLABORATIVE DESIGN, INC.agrees to notify the Client as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. The Client encourages KAIZEN COLLABORATIVE DESIGN, XXX.xx take any and shall compensate ALPHA for all prudent “first aid” measures that, that in ALPHAKAIZEN’s sole professional discretion, opinion are necessary and justified to preserve and protect the health and safety of site KAIZEN’s personnel and the public. CLIENT also shall compensate ALPHA for any equipment decontamination or other costs incident to , and/or the discovery of unanticipated hazardous materials. ALPHA shall notify CLIENT as soon as practicable should unexpected hazardous materials be encountered at the site that pose a threat to human healthenvironment, safety and the environment. CLIENT agrees that, in the event of the discovery of hazardous materials at the site, it shall report such discovery to the proper authorities as required by Federal, State, and local regulations. CLIENT Client agrees to make the required report at the recommendation compensate KAIZEN COLLABORATIVE DESIGN, INC.for reasonable additional expense of ALPHA, or, if unable to do so, authorizes ALPHA to make such reportwork. CLIENT shall also inform the Project site owner in the event that hazardous materials are encountered at the site. Notwithstanding any other provision of this Agreement, CLIENT The Client waives any claim against ALPHAKAIZEN, and to the maximum extent permitted by law, agrees to defend, indemnify, defend and hold ALPHA harmless KAIZEN COLLABORATIVE DESIGN, INC.harmless from any claim, claim or liability and/or defense costs for damage, injury or loss arising from or in KAIZEN’s encountering unanticipated hazardous materials. The Client also agrees to compensate KAIZEN COLLABORATIVE DESIGN, INC.for any way related time reasonably spent and expenses incurred by KAIZEN COLLABORATIVE DESIGN, XXX.xx defense of any such claim, with such compensation to the presence of hazardous materials on the project site, including any costs created by delay of the project be based upon KAIZEN’s prevailing fee schedule and any costs expense reimbursement policy. The Client is fully responsible for and assumes all risks associated with possible reduction of the property’s value. CLIENT is responsible for ultimate disposal of any samples secured by ALPHA that such conditions which are found to be contaminated, at CLIENT’s sole cost properly disclosed and expenseidentified in a timely manner.