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billed at our expert witness rate. All other work or services, including but not limited to research, <br /> preparation, investigation, sampling, consulting and review of data or procedures or telephone call <br /> will be billed at our standard rates. <br /> 15. MISCELLANEOUS. This Agreement constitutes the entire agreement and <br /> understanding between the parties with respect to the subject matters herein, and supersedes and <br /> replaces any prior agreements and understandings, whether oral or written, by and between them <br /> with respect to such matters. The provisions of this Agreement(including the scope of services to <br /> be performed by NES) may be waived, altered, amended or repealed in whole or in part only upon <br /> the written consent of both parties to this Agreement. The failure of either party at any time to <br /> require performance of any provision of this Agreement shall not affect in any manner the right to <br /> require such performance at any time thereafter, nor shall the waiver of a breach of any provision <br /> hereof be held to be a waiver of any subsequent breach of the same provision or any other <br /> provision. If any provision of this Agreement shall be determined to be invalid or inoperative, the <br /> validity and effect of the other provisions hereof shall not be affected thereby, provided that no <br /> such severability shall be effective if it causes a material detriment to any party. The agreements of <br /> NES and the Client under this Agreement are intended solely for their benefit and no third-party <br /> beneficiary relationship shall be deemed to be created hereby. All remedies set forth in this <br /> Agreement are cumulative. <br /> 16. SMALL BUSINESS CERTIFICATION. NES is a State of California Certified Small <br /> Business. <br /> 4 <br />