Release of Liability

By authorizing work under the proposal to begin, the customer has agreed to the terms and conditions outlined below. All work will be completed in a substantially workmanlike manner, according to the provisions hereinabove set forth, and per standard practice. Per the proposal and agreement between Utility Locators, LLC and the customer, the customer is responsible for the invoice amount for work completed on the project. If the account is in default (payment not made when due), the amount due will bear interest at the highest rate permitted under law, and, if an attorney or collection agency is employed to collect the amount due, the customer will be responsible for all reasonable and necessary attorney’s fees (regardless of whether suit is filed), court costs, and collection agency fees.

LIMITATION OF LIABILITY

Although Utility Locators, LLC is using equipment designed to locate underground utilities, the technological limitations of the equipment may prevent a determination of the depth of objects, size of objects, or type of material used in such objects. The technological limitations of the equipment may prevent locating underground utility facilities at depths below the detection capabilities of the equipment, especially objects in diameter smaller than 6 inches, as well as non-conductive materials and utilities in certain types of soils through which the equipment is not capable of penetrating. Utility Locators, LLC can only locate what utilities are known to be present, either by as-built plans, site manager information, or above ground utility observation. Any utilities that are unknown to others or that have been abandoned may not be able to be located. The equipment cannot detect water leaks, and the equipment cannot detect if, or what type of, breach may have occurred to a utility line. For purposes of the agreement between Utility Locators, LLC and the customer, the previously described limitations shall be called the “Equipment Limitations.”

LIMITATION OF LIABILITY (cont.)

Accordingly, the customer agrees that Utility Locators, LLC shall not be responsible for any damage, claims (including, without limitation, claims involving strict, absolute or vicarious liability), liabilities, obligations, miscalculations, excavation costs, losses, causes of action, liens, suits, judgments, costs, expenses, legal fees or any other damages of any kind or nature whatsoever (collectively “Damages”) that relate to or that are caused by or stem from the Equipment Limitations. Except as prohibited by Tennessee law, the customer assumes all liability for, and agrees that it shall and does hereby release, protect, save, covenant not to sue and holds Utility Locators, LLC (including its members, officers, directors, managers, agents, employees, successors, assigns and representatives) harmless from any and all Damages which may be imposed on, incurred by or asserted against Utility Locators, LLC by any third person.

ASSUMPTION OF RISK OF LOSS

The customer assumes all liability and risk of loss associated with any excavation done by the customer or a third party, including but not limited to damage to any underground facility or utility (e.g., without limitation, pipes, wires, conduit, valves, switches) or any damage to any equipment used for excavation. MAXIMUM LIABILITY The liability, if any, of Utility Locators, LLC, under this agreement or otherwise, is limited to the invoice amount, or, if not paid in full, the amount the customer has paid, less any set-offs.

NOTICE TO PROCEED:

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Date: _____________________________________________________________________