Released to Syndell Parks, Project Manager 616-331-3997 (office) 616-331-8797 (lab) Email: aquagen@gvsu.edu 740 West Shoreline Dr. Muskegon, MI 49441 Annis Water Resources Insitute Grand Valley State University Watermilfoil Chain of Custody Record Received From: Name(print): Organization: Address: Bill To: Name(print): Organization: Address: Email: Phone: Email: Phone: Send Results To: Name (print): Email: Name (print): Email: Name (print): Email: Name (print): Email: -------------------------------------------------To be filled in by sender------------------------------------------------Date Sampled County and Lake Name Location within waterbody ***Fast track identification results (Y/N):_______ Latitude (DD) Longitude (DD) No. stems to Putative ID process To be filled in by Thum lab Date Rec'd Pop ID Sample Assigned condition & to samples notes For additional cost results can be guaranteed within 3 business days. Submitted and Agreed to by: (sign/date) ________________________ Received by: (sign/date) ________________________ Subject to all terms and conditions, including limitations of liability and waivers of rights and remedies, on following page. Page 1 of 2 MILFOIL CHAIN OF CUSTODY RECORD (TERMS AND CONDITIONS) Payment. You agree to pay upon receipt of an invoice the sum set forth on the web-site for each sample submitted. Payment will be made in lawful money of the United States of America. Payments not made in full within 30 days of the date of the invoice will bear simple interest at a rate of 8 percent per annum. Publication. Grand Valley State University (“GVSU”), as an institution of higher education, engages in testing and identification services that are compatible, consistent and beneficial to its role and mission of advancing educational opportunity, scientific knowledge, and providing for its dissemination and the transfer of technology related thereto. Therefore, significant results of testing and identification activities shall be reasonably available for publication and use for research purposes. Independent Contractor. GVSU is an independent contractor and not your partner, joint venturer, principal or agent. LIMITATION OF LIABILITY. YOU AGREE THAT IN NO EVENT WILL THE GVSU BE RESPONSIBLE FOR ANY DAMAGES OR PENALTIES RESULTING FROM GVSU'S FAILURE TO PROVIDE OR DELAY IN PROVIDING THE SERVICES OR THE ITEMS TO BE DELIVERED BY GVSU (THE “DELIVERABLES”). IF A SERVICE OR DELIVERABLE IS FOUND, WITHIN SIX MONTHS OF INVOICE THEREFOR, TO BE DEFECTIVE OR INACCURATE, GVSU WILL PROVIDE THE SERVICE OR DELIVERABLE AGAIN AT NO COST TO YOU. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO SERVICES AND DELIVERABLES. THE SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" AND GVSU EXPRESSLY DISCLAIMS ANY WARRANTIES EXISTING BY OPERATION OF LAW, INCLUDING BUT NOT LIMITED TO THOSE WHICH ARE EXPRESS OR IMPLIED. IN NO EVENT WILL GVSU BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, NOR WILL THE GVSU'S AGGREGATE LIABILITY TO YOU EVER EXCEED THE AMOUNT PAID BY YOU FOR THE TESTING AND IDENTIFICATION SERVICES AND DELIVERABLES. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS GVSU AGAINST ANY CLAIMS ARISING OUT OF THE USE, COMMERCIAL SALE, OR DISTRIBUTION OF THE DELIVERABLES OR PRODUCTS OR PROCESSES RESULTING FROM OR YOUR RELIANCE UPON THE DELIVERABLES. Notwithstanding anything in this Agreement or any other agreement between you and GVSU to the contrary, GVSU does not, and has not, waived any immunity from liability granted to it under applicable law. General. This agreement is non-assignable and non-transferrable. Any legal proceeding instituted by you shall be in the courts of Ottawa County, Michigan. This Agreement shall be governed by the laws of the State of Michigan. You certify that you are duly authorized to enter into this Agreement and that this Agreement is binding upon you. MUTUAL WAIVER OF RIGHT TO JURY TRIAL. EACH PARTY TO THIS AGREEMENT HEREBY WAIVES THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED UPON, ARISING OUT OF, OR IN ANY WAY RELATING TO THIS AGREEMENT, THE TESTING SERVICES OR ANY DELIVERABLES, WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE. Page 2 of 2