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Enviroscore Privacy Policy

Enviroscore is a division of Accusess Environmental, Inc. (Louisiana Corporation). The liability and limitations of an Enviroscore include the following:

1. Enviroscore cannot be liable for hidden conditions and undisclosed items. In addition, Enviroscore is excluded form incorrect information from 3rd party interviews or submitted requests.

2. Enviroscore cannot be liable for documents that are not reflected in the databases searched. These include, but not limited to, state environmental records (DEQ) and federal environmental records (EPA).

3. Enviroscore may not have the time to complete telephone interviews or studies based upon the time frame allowed by the bank or client. Therefore, if the bank or client requires information faster, the accuracy of the report may be impeded. Enviroscore has a typical turnaround time of 2 days. If within those two days further information cannot be gathered through telephone calls, interview, records submitted, database records and agency requests, then Enviroscore cannot be held liable for the information not available within the time frame of the report investigation of two days. Enviroscore may have to make an assessment based upon the information available within the time frame allowed. Enviroscore will do its best to gather all relevant information, but at times, the requirement to secure the report for the closings or client may convey a faster closing of the investigation prior to further information gathering or prior to additional information being sent to our office from recent requests. If information is known or received later, within, a short period of 30 days of the report submittal, then the client will be notified in an Addendum to the report.

4. Enviroscore does not review other component of the loan package nor does it accept or deny loans. The criteria used to determine environmental liability is established by the bank and its own risk tolerance factors. Enviroscore is a tool used to meet FDIC and SBA requirements to disclose obvious documented conditions at a subject site and the accepted performance of required environmental due diligence.

5. Enviroscore does not conduct site walks or site reconnaissance. Enviroscore relays on 3rd party information for obvious and hidden site environmental conditions in standard state and federal databases.

6. Enviroscore receives almost all information from 3rd party sources. Enviroscore does not accept liability for errors on behalf of 3rd party sources. Enviroscore does not verify information provided by 3rd party sources.

7. Enviroscore cannot accept responsibility for any actions to be performed as recommended by the report. Its is the responsibility of the client, customer, bank and/or loan applicant to proceed with recommendations (if any) provided in the Enviroscore report.

8. Please be aware that some records may not be in the database at the time of the search for occurrences that have happened within the last 30-60 days. Enviroscore cannot accept liability for records transmittal times at 3rd party sources and state and federal agencies. In addition, Enviroscore cannot be responsible for records not disclosed in the appropriate place or provided in the public review system (or by 3rd party sources) used for reviews.

9. Enviroscore can only review items that are presented in the databases records. If no records exist, Enviroscore cannot accept responsibility for those liabilities that are not provided in the databases searched. Enviroscore is also excluded from any inaccurate or incorrect items presented in the records. If information is not updated or incorrect, it is the requirement of the agency or the client to modify any incorrect information obtained in the research review. We cannot be held liable for inaccurate information provided by a third party.

10. Enviroscore reviews the site on known information and is a scored based upon standard environmental risk factors and standard professional judgment known in the environmental industry. These professional judgments are those typically performed in an Environmental Phase I Assessment. Enviroscore is not an ASTM Phase I Assessment; however, environmental reviews are conducted based upon typical Phase I requirements and standards. Enviroscore can be used as the database research component of a Phase I Assessment or used as a precursor to additional reviews. A Phase I Assessment may or may not provide additional information.

11. Enviroscore meets all SBA and FDIC requirements regarding environmental due diligence reviews as stated in the current federal guidelines established. Enviroscore does not meet any ASTM guidelines requiring sites conduct a Phase I AAI requirement. AAI requirements are expanded Phase I’s used for certain sites that require extensive reviews based upon the bank or client request and for complete CERLA indemnification. This request does increase the costs of the review significantly and may or may not serve to provide any additional information.

12. Enviroscore is not responsible for any historical criminal actions at the site, criminal operations at the site or criminal environmental liabilities at the subject site (or radius areas). Enviroscore cannot judge or determine criminal intentions or environmental compliance conditions not disclosed.

13. Enviroscore is not responsible to verify through a site visit, additional records review beyond the environmental database or interview process the environmental compliance conditions (actions) of the operations at the site or its radius. In addition, exclusions include, but not limited to, environmental conditions of equipment at the site and actions taken by other contractors.

14. Enviroscore reviews are conducted by standards similarly set forth in an “ASTM Transaction Screen”. The report WILL NOT meet CERCLA exemptions based upon those set forth in the EPA AAI requirements and federal CERLA regulatory statues. The CERCLA AAI report will require a more intensive review process. This more intensive review is based upon the discretion and judgment of the client, not Enviroscore.

15. Enviroscores will disclose additional exclusions of legal responsibility within the report, if required, based upon the review conducted. These may include those for industrial sites and previous known conditions. Affidavits may be required of certain reports to insure clarification of items within the report or for scores that are contingent upon a certain action. Enviroscore is not responsible for monitoring the actions of the report receipt or that the actions taken based upon any agreements are performed.

16. The bank or client that requests an Enviroscore may not use our services as an exclusive method or tool to judge environmental due diligence regarding loans and property transactions. Other methodologies used for due diligence by the client are unknown and undisclosed to Enviroscore and its review process.

17. Database records are scored based upon the professional judgment of Enviroscore and its scoring system. The severity of judgment or actions of the records investigation, however, rests upon the bank or client. Enviroscore is a tool used to determine the criteria of the client, not Enviroscore, based upon pre-interview questions. Exclusions are noted for any actions taken by the client based upon an Enviroscore report and/or its research.

18. Affidavits are used to specify certain information that may otherwise fail a score or provide an enhanced understanding the current situation, acceptance of current conditions, and future action requirements or negative implications of an action/inaction. This is done when an additional liability object is viewed and serves as an additional liability waiver for Enviroscore. Scores that may fail, but are passed due to Affidavits are those that require a limited amount of work (30 days) to resolve or those that are typically operational without any contamination present. The liability is minimal enough to resolve. However, this does not remedy the liability until the client understands that further actions are necessary or that he has accepted the property in a certain condition. Non-compliance can worsen the property site and its liabilities. Once the Affidavit is signed, Enviroscore does not monitor the actions of the property owner or its business practices.

19. The client has to understand that the Enviroscore, like any other investigative study, is not infallible and only can provide conclusions and a score based upon a certain “period of time” and the “data available”. This data is not verified and comes from all kinds of sources that may not be truthful or accurate. Therefore, Enviroscore is only a tool that is used to the best available capability of the information, time and third party information. Enviroscore cannot be held liable for items that are hidden, unknown or unavailable in their typical searches conducted. At times, the information initially given is inaccurate and database searches thence become inaccurate. Enviroscore cannot be held liable to verify that the initial “request submittal “is accurate. Enviroscore can only be held liable for complete negligence in searching basic databases. Enviroscore, however, always keeps records of the reviews conducted as proof to insure no negligence on their behalf is conducted.

20. Enviroscore is only an information service that determines scores on pre-determined set of data. Consulting work is performed by other subsidiaries of this business unit.

21. All work performed by EnviroScore is automated to have the client, bank or customer accept the terms within this agreement. Non-acceptance will invalid the Enviroscore and the report conclusions. The limits of liability summary are disclosed in the report on the bottom portion and further information of the liability limitations is given on the website. The report specifies where additional information can be found regarding this document. Requests by any party to our office can receive a limit of liability disclosure.

22. Enviroscore are only valid for 90 days. A reevaluation would have to be conducted to insure information has not changed beyond the 90 day period of the initial review. This will require additional costs and may or may not require a new report and Enviroscore.

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