Opta Historical Environmental Services Enviroscan TM

Terms and Conditions

Reports

The documents (hereinafter referred to as the "Documents") to be released as part of the report (hereinafter referred to as the "Report") to be delivered to the purchaser as set out above are documents in Opta's records relating to the described property (hereinafter referred to as the "Property"). Opta makes no representations or warranties respecting the Documents whatsoever, including, without limitation, with respect to the completeness, accuracy or usefulness of the Documents, and does not represent or warrant that these are the only plans and reports prepared in association with the Property or in Opta's possession at the time of Report delivery to the purchaser. The Documents are current as of the date(s) indicated on them. Interpretation of the Documents, if any, is by inference based upon the information which is apparent and obvious on the face of the Documents only. Opta does not represent, warrant or guarantee that interpretations other than those referred to do not exist from other sources. The Report will be prepared for use by the purchaser of the services as shown above hereof only.

Disclaimer

Opta disclaims responsibility for any losses or damages of any kind whatsoever, whether consequential or other, however caused, incurred or suffered, arising directly or indirectly as a result of the services (which services include, but are not limited to, the preparation of the Report provided hereunder), including but not limited to, any losses or damages arising directly or indirectly from any breach of contract, fundamental or otherwise, from reliance on Opta Reports or from any tortious acts or omissions of Opta's agents, employees or representatives.

Entire Agreement

The parties hereto acknowledge and agree to be bound by the terms and conditions hereof. The request form constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and discussions, whether oral or written, and there are no representations or warranties, or other agreements between the parties in connection with the subject matter hereof except as specifically set forth herein. No supplement, modification, waiver, or termination of the request shall be binding, unless confirmed in writing by the parties hereto.

Governing Document

In the event of any conflicts or inconsistencies between the provisions hereof and the Reports, the rights and obligations of the parties shall be deemed to be governed by the request form, which shall be the paramount document.

Law

This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.