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APOLLO ENVIRONMENTAL,INC. E-mail:info@apolloenv.com <br /> P.O.Box 239 TEL:813-671-3999 <br /> Gibsonton,Florida 33534 FAX.•813-677-3422 <br /> General Conditions <br /> 1. DOCUMENTS:All documents,including but not limited to drawings,specifications, reports,field notes, <br /> laboratory test data, calculations, and estimates prepared by Apollo Environmental Incorporated (AEI) <br /> pursuant to this Agreement, shall be the sole property of AEI. Client agrees that all documents of any <br /> nature furnished to Client, if not paid for, will be returned upon demand and will not be used by Client <br /> for any purpose whatsoever. Client agrees that under no circumstances shall any documents produced <br /> by AEI pursuant to this Agreement be used at any location or for any project not expressly provided for <br /> in this Agreement without the written permission of AEI. Client agrees that reports of AEI issued <br /> pursuant to this Agreement are for the exclusive use of Client and that such reports, the name of AEI, <br /> or its insignia or seal shall not be used by or on behalf of Client under any circumstances in advertising <br /> to the general public, or in any public material or in any other manner without AEI's prior written <br /> approval. Client agrees to indemnify, defend, and hold AEI harmless from and against any claims, <br /> liabilities, loss or damage, including reasonable attorney's fees arising out of any use of the reports, <br /> name,insignia or seal of AEI without AEI's prior written approval. At the request and expense of Client, <br /> AEI will provide Client with copies of documents created in the perFormance of the work for a period not <br /> exceeding one year following submission of the report contemplated by this Agreement. <br /> This assessment has been prepared for the sole use of the client.Its contents should not be relied upon <br /> by other parties without the express written consent of Apollo Environmental, Inc., and the client. <br /> 2. The information and conclusions presented in his report are valid only for the circumstances of the sites <br /> investigated as described in this report as they existed during the time period of the investigation. <br /> 3. WARRANTIES. THERE ARE NO EXPRESSED OR IMPLIED WARRANTIES, INCLUDING THE <br /> IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, <br /> NOT SPECIFIED HEREIN. Respecting this Agreement for the equipment, documentation,reports and <br /> services to be provided hereunder, or the delivery, use, or perFormance thereof, the only warranty or <br /> guarantee made by AEI in connection with the services perFormed hereunder, is that it will use that <br /> degree of care and skill ordinarily required in the performance of the services provided. No other <br /> warranty, expressed or implied, is made or intended by AEI's services or written reports. <br /> 4. None of the information contained herein should be construed as medical advice or a call to action for <br /> evacuation. Any decision relative to medical significance should be made by a qualified physician. <br /> 5. Apollo Environmental,Inc.,evaluated the reasonableness and completeness of all relevant information, <br /> but does not assume responsibility for the truth or accuracy of any information provided to Apollo <br /> Environmental Inc. by others or for the lack of information that is intentionally, unintentionally, or <br /> negligently withheld from Apollo by others. Professional judgement was exercised in gathering and <br /> evaluating the information obtained, and Apollo commits itself to the usual care, thoroughness and <br /> competence of the industrial hygiene/environmental profession. <br /> This report is based on information made available at the time of the inspections. The opinions <br /> expressed draw upon the background, training and experience of the personnel involved in the <br /> investigation. Should additional information become available,Apollo Environmental,Inc.,reserves the <br /> right to determine the weight and impact, if any,of the new information on our opinions and conclusions, <br /> and to revise the opinions and conclusions if necessary and warranted by the discovery of the additional <br /> information. <br /> CES/Former Wachovia Bank Drive-Thru July 5,2013 <br /> AD#31145 5 3C:IApollo-FianklAsb.SurvICESIFormerWachoviaBankOrive-ThrµZephyrliills.wpd <br />