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APOLLO ENVIRONMENTAL, INC. E-mail.•info@apoRoenv.com
<br /> P.O.Box 239 TEL:813-671-3999
<br /> Gibsonton,Florida 33534 FAX:813-677-3422
<br /> 6. After acceptance of this report, if Apollo obtains information that it believes warrants further exploration
<br /> and development, Apoilo will endeavor to provide that information to the Client, but Apollo will not be
<br /> liable for not doing so.
<br /> 7. This report is neither a legal opinion nor"due diligence inquiry."Only legal counsel retained by the Client
<br /> is competent to determine the legal implications of information or conclusions contained in this report.
<br /> 8. Apollo is not responsible for any effect upon the Client or others' legal rights, obligations, or liabilities
<br /> or for any effect upon the finance ability, marlcetability,or value of the property or for the occurrence or
<br /> non-occurrence of any transaction involving the property based upon the information stated in this
<br /> report.
<br /> LIMITATION OF LIABILITY: Client agrees that AEI's liability for any damage on account of any error,
<br /> omission, or other professional negligence will be limited to an amount equal to the lesser of$10,000
<br /> or AEI's fee. AEI, its agents, and employees shall not be liable for any lost profits or any claim or
<br /> demand against Client by any other party. In no event shall AEI be liable for special, consequential, or
<br /> exemplary damages. This provision shall supersede any other provision in this report that may be
<br /> deemed inconsistent with it. No action, regardless of form, arising out of the service under this
<br /> Agreement, may be brought by the Client more than one (1)year after the act or omission giving rise
<br /> to a cause of action has occurred.
<br /> 9. To achieve the study objectives stated in this report, Apollo based its conclusions on the best
<br /> information available during the period of the investigation and within the limits prescribed by the Client.
<br /> 10. SAMPLE DISPOSAL: Unless otherwise agreed, test specimens or samples will be disposed of
<br /> immediately upon completion of the test or per NVLAP.
<br /> 11. INDEMNITY:The Client agrees to indemnify,defend,and hold AEI,its officers,employees,and agents
<br /> harmless from any and all claims, suits, losses, costs, and expenses, including but not limited to, court
<br /> costs and reasonable attorney's fees arising or alleged to have arisen out of or to have resulted from
<br /> the performance of AEI's work on or about the subject Project, and caused in whole or in party by a
<br /> negligent, willful, or wanton act or omission of the Client. In the event that the Client shall bring any
<br /> claim, suit, cause of action, or counterclaim against AEI, to the extent that AEI shall prevail upon such
<br /> action, the Client shall pay to AEI the costs expended by AEI to defend against such action, including
<br /> reasonable attorney's fees, witness fees, and other related expenses.
<br /> 12. PAYMENT: Payment is due upon receipt of AEI's invoices. If payment is not received within thirty(30)
<br /> days of receipt by Client, Client agrees to pay a finance charge of the principal amount of the past due
<br /> account of two(2%)percent per month. If two(2%)percent per month exceeds the maximum allowed
<br /> by law,the charges shall automatically be reduced to the maximum legally allowable. The Client agrees
<br /> to pay AEI's cost of collection of all amounts due and unpaid after sixty(60)days, including court costs
<br /> and reasonable attorney's fees.
<br /> CES/Former Wachovia Bank D�ive-Thru July 5,2013
<br /> AD#39145 6 3C:IApollo-FranklAsb.SurvICESIFo�merWachoviaBankOrive-Thnr,Zephyrhills.wpd
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