DELAYS: Tri-County Drilling (TCD) shall have no liability to Client or others for delays attributable to acts of God, acts of third parties, equipment malfunction, weather conditions, intervention of public authorities, inability (without fault of TCD) to obtain permits necessary to perform the work, work stoppages, changes in applicable laws or regulations after the date of commencement of performance hereunder, and any other conditions or events which are beyond the reasonable control of TCD. TCD shall be entitled to additional time to perform this Work Order equal to the time of any such delay.
HEALTH & SAFETY: If the Client is to provide health and safety compliance monitoring, such monitoring shall be done at mutually agreed intervals. The monitoring will be documented, and TCD will be provided copies of the documentation upon request. If TCD employees observe that the monitoring is not being performed in strict compliance with the site-specific health and safety plan, applicable federal, state or local laws, and/or any other agreement between Client and TCD, then TCD may cease operations and go on standby until the monitoring is resumed. TCD shall be entitled to an equitable adjustment in its time for performance and to payment at its standby rate for any such standby time. This paragraph will not relieve the Client of its duties and responsibilities to perform all health and safety compliance monitoring required by law or this Work Order.
INFORMATION: It is recognized that Client has superior knowledge of the job site, site history, the access routes to the job site, known or suspected contaminants, surface and subsurface conditions, etc., and Client is obligated to advise TCD of all or any of the conditions that may affect TCD’s performance hereunder. Client agrees to provide TCD with specifications, plans, site history information, reports, studies, or other information on surface and subsurface conditions as will be reasonably required by TCD for safe, proper, and timely work performance. Client shall provide a right of entry to the job site and rights-of-way and indemnify and hold TCD harmless for claims of trespass or damage to property, including underground utilities or structures, arising from the work’s performance.
DAMAGES TO EQUIPMENT: The Client agrees to reimburse TCD for replacing or repairing bits, augers, drill rods, core barrels, or other downhole tooling damaged or lost due to subsurface conditions.
PAYMENT TERMS: Net 30+ 2% per month and collection costs over 60 days.
PERFORMANCE: TCD will exercise reasonable skill and judgment in performing the work. NO OTHER WARRANTIES (EXPRESSED OR IMPLIED) OR REPRESENTATIONS OF PERFORMANCE ARE GIVEN. TCD does not warrant any specific results of any kind.
DISPOSAL: TCD is not and has no authority to act as a handler, generator, operator, treater, storer, transporter, or disposer of hazardous waste, substances, pollutants, or contaminants found or identified at the site. TCD shall have no responsibility for transportation, storage, treatment, or disposition of contaminated or potentially contaminated waste materials of any kind that are directly or indirectly generated from TCD’s performance of the work hereunder. The client or the owner shall be responsible for the disposal and/or storage of such waste materials.
CHANGED CONDITIONS: The discovery of any hazardous waste, substance, pollutant, contaminant, underground obstruction, condition, or utilities on or in the job site that was brought to the attention of TCD before the date of this Work Order will constitute a materially different site condition entitling TCD, at its option to terminate the Work Order (and to receive payment for all work performed up to and including the date of such termination) or to obtain an equitable adjustment in the contract price and time for performance. However, TCD shall only have the right to terminate if such different site condition(s) create additional health and safety risks or require TCD to perform work outside of its original scope or beyond its capabilities. In any event, TCD may terminate operations on a site that it believes presents an unreasonable health or safety risk.