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<br />Identlficatioll and Quantitication ofUnknowJ1 Rtldionuclides in a Piece of X-Ray Equipment <br />Santa Ana Zoo <br /> <br />Page 9 of 10 <br />July 25,2006 <br /> <br />Figure (1) is a photograph of the tank. <br />ATTACHMENT A: TER'VIS AND CO'iDITlOI\S <br /> <br />1. Engagement Santa Ana Zoo (Client) ilereby cngagl.:s Occupational Services, Inc. (OSI) to provide safety, JllaJlagcmem, and other <br />consulting sClviccs to Client. OS[ accepts such engagement and agrees to pcrlonn such services for CI iCllt, according to the tCIIllS of this <br />agreement. at the ('lient'" facilities (]ocated at Santa Ana Zoo, ]80] E. Chestnut Ave, Santa Ana, CA 9270[) and at OS['" facilities <br />(Iol.:atcd at 6397 \'ancy Ridge Drive. San Diego. CA 9212 I). <br /> <br />2 Fees. Exncnscs. and j1a"mf'nts <br /> <br />2. I ]dentifieation and qULlIltilieation of Llllknowrl radionculides in a piece of X-ray equipment Tile cost for tlil.: survey and a report is <br />lifkcn hundrcd oullars ($1,500.00). <br /> <br />2.2 Client silall pay promptly, UpOll receipt ofOSI's report, all amounts due to OS] on each invoice submitted to Client by OSI. <br /> <br />3 F:ffecriw Dare and Termination of A1!feement T]lis Agreement is effective when signed hy hoth Parties. and t]l(.; Effective Date shull be <br />lhc date the bst PaJiy sigm:d the Agreement. Either party may cancel this Agreement 011 prior written notice. ]n the event of SLlch <br />tl'llnination, OS[ waives any further rights to compensation relative to future services to be performed. and Client s]lall promptly pay OSI <br />li)r all fecs. ChiJrgcs, and expellses ifl(;uITed pursuant to paragruph 2 of this Agreement prim to tll(.; date of such termination. Tilis <br />AgleCJJlellt shall temlinate immediately ifeireumstanccs occur that Ilrakl.: it impossible or impmetical for either OSI or Client to cOlltinue <br />conducting bLlsincss. <br /> <br />4 ReDorts OSI shall maintain, eompletc IInd submit to Client such records, reports. or other documents, as required by Client that arc either <br />an integml part of or usually associated with the services that arc to be perf()f)TIed by OS] uUlkr tilis Agreement. <br /> <br />5 Disnutc Arbitration lflhcre is a disputl: blOtwecn the Parties regarding OSI's fees charged to Client under this Agreement tor OSJ's <br />services, or any other matters that cannot be resolved between lhe pal1ies, Cli(;;f11 and OS] agree to submit the controversy to binding <br />arbitration. Arbitration shall ne held in the city of San Diego, CA, in accordance \....ith tile commercial arbitratioll rules then in effect of the <br />American Albitlation Association, and judgement ofthc award entered shall be acct:pll:d by both parties ano may be enterco in any court <br />havingjurisdietion thereof. <br /> <br />6 -'uthorh\' 10 Bind Tile parties executing this agreement n::ples(,;nt to each od1er that they have full autilority and right to cxecutl: this <br />agreement on hehalf of their respcctivt: party and ro bind sLlch party to this agreement <br /> <br />7 Conseuuential Damll!!eS {}SI shan not be liable for special, consequential. or contingent damages resulting frollr delay of performance or <br />any dd:llllt or defet:t lH:reunder. <br /> <br />8 Co,"'ernin1.' Law The validity of/his agreement and of its terms and conditions, as well as the rig]lts alld duties ohhe parties ilereLlndcr, <br />shall bc governeo by the laws of tile State ofCalilomia. <br /> <br />I} COllmlell' Intl'l!ration, Hindi"!! Uno" All Parties Ihis Agreement consisting ora cover letter and Attachment A contains the entire <br />agreement bct\\,ieen Client iJnd OS] regarding this matter and the fees. ehlHges. expenses, and responsibilities relative thereto. This <br />Agreement shall lIot be modified except by written agreement This Agreement lIlay be executed in one or more counterparts. each of <br />Wllich shall be deemed to be an original, but all ofwlridl together shall constitute one and the same m",trrllllenL This Agrcerw..'nt shall be <br />hmding upon Client ;.tIld OS! and their respective heirs. executors, legal representatives, ami successors. Client and OS] agree the rerm" <br />and Conditions as set forth on this agreement shalt take prel.:l.:(..!t.:nce over and supersede all other Terms and Conditions includillg those that <br />may' accompany any Purchase Order, Comract, Subcontract or other document Client may issue in rl.:sponse to this agreement <br />