All Clear Utility Locating LLC Private Utility Locate Authorization Form

This contract authorizes All Clear Locating, LLC to perform a private utility locate of objects identified by the client, under the terms and conditions of this contract outlined below, objects are marked in permanent spray paint unless otherwise directed. Private locating can determine the path of known utilities, and it is not a method of ‘clearing’ areas of utilities nor is it in any way a service to limit or remove liability from excavation. All Clear Locating, LLC charges a fee determined by locating time. These rates are subject to change based on location.
The client hereby agrees to the terms of this contract listed below and requests it to be executed.

1. The client agrees that they have used or will have used 811, the call before you dig service, to identify all publicly owned utilities before any excavation work begins.

2. Client acknowledges and agrees that any markings and locations provided by All Clear Locating, LLC are to be used as a supplementary tool only to help assist the client. The surveys and/or reports provided by All Clear Locating, LLC are not intended to be used as a primary guide. The client agrees to take the same care in any construction or excavation work as it would have done if the services of All Clear Locating, LLC had not been provided. By signing below the client agrees that they have read and acknowledges the following description of Radiowave Detection (RD).
   RD can be used on almost every metal pipe, wire, cable, or plastic pipe with a tracer wire. Objects which cannot conduct electricity cannot be located with conventional RD, this includes pipes made from plastics, concrete, or terracotta. Objects which block a signal from propagating (rubber gaskets, etc) or being received (sheathing, etc) may significantly impair the accuracy of locating. During RD a signal can bleed onto nearby pipes or be affected by nearby masses of metal, this can affect the accuracy of the locating equipment. The locations and depths given by All Clear Locating, LLC are based on the received signal which can differ from the location of the object emitting the signal. Limitations can occur principally due to: Utility access point not visible from above ground, utilities are not identified by the client, utilities are not present on a given as-built, or objects to be located cannot carry a RD signal (mainly due to material of construction, sheathing, or disconnections such as couplers, breaks, or repairs in the line). Only utility lines directly communicated to Rush Locates from the client are subject to being marked.

3. The client hereby agrees that the client is solely responsible for properly executing any Excavation Work. The client shall employ qualified operators and shall carry the appropriate liability insurance and/or bonding necessary for the type of Excavation Work undertaken. The client agrees that All Clear Locating, LLC shall not be responsible for damages sustained by the client as a result of All Clear Locating, LLC’s failure to locate underground services due to the above noted limitations and the client agrees to indemnify and save harmless All Clear Locating, LLC from and against any and all liabilities, damages, losses, claims, suits or judgments, and expenses (including reasonable legal fees incurred by All Clear Locating, LLC) brought by third parties against All Clear Locating, LLC as a result of All Clear Locating, LLC’s failure to locate underground services due to the above noted limitations or as a result of the client’s failure to follow the plans prepared by All Clear Locating, LLC and the instructions noted on such plans.

4. The client agrees to indemnify, defend, and hold harmless All Clear Locating, LLC from and against any and all liabilities, damages, losses, claims, suits or judgments, and expenses (including reasonable legal fees) brought by third parties that All Clear Locating, LLC may incur as a result of (a) the proper performance of its services under this Agreement and (b) any action or inaction of the client whether or not in reliance on the services provided by All Clear Locating, LLC.

5. ANYTHING TO THE CONTRARY HEREIN NOTWITHSTANDING, UNDER NO CIRCUMSTANCES SHALL ALL CLEAR LOCATING, LLC BE LIABLE TO THE CLIENT OR ANY OTHER PERSON OR ENTITY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, LOSS OF GOODWILL OR BUSINESS PROFITS, ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSS, OR EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF ALL CLEAR LOCATING, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING FROM the NEGLIGENCE OR GROSS NEGLIGENCE OF ALL CLEAR LOCATING, LLC OR OTHERWISE.

6. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH AND EVERY PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OR WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED BY THE PARTIES TO BE SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION AND ENFORCED AS SUCH.

7. The above agreement reflects the parties fairly bargained for positions. Neither party has signed this contract as a result of duress, improper coercion, or undue influence.

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