Summary of Terms

BC Laboratories [hereafter referred to as "BCL"] offers and will accept orders for services only under the following Standard Terms and Conditions [the "Terms"]. These Terms shall not apply if BCL and the Customer shall have executed a separate agreement in writing. If specific Terms are not incorporated in the separate agreement these Terms will apply to the Customer. No modifications to the Terms shall be valid and binding unless in writing and signed by an authorized representative of BCL. Customer's order for services shall be subject to the Terms and the Terms shall be binding upon receipt of samples to BCL. Either party may terminate this agreement at any time by giving written notice of such termination to the other party. Upon termination the customer is subject to payment for all services rendered and expenses incurred up to date in accordance with the applicable Quote.

BC Laboratories is not an insurer of services rendered and the payments mentioned are based solely on the value of the services provided pursuant to this agreement. We make no warranty or representation, express or implied, or guarantee of results from the performance of services pursuant to this agreement. Any information, recommendation, interpretation, or opinion by BC Laboratories is based upon inferences and assumptions which are subject to error, and with respect to which analysis may differ. Accordingly, BCL does not assume any liability with respect to the use of, or for damages resulting from the use of any information, data, test results, analysis, apparatus, method, or process disclosed by BCL. Data and the sample materials provided by the customer or at customer's request and the result obtained by BCL shall be held in confidence [unless such information is generally available to the public or is in the public domain or customer has failed to pay BC Laboratories for all services rendered or is otherwise in breach of this Agreement] subject to any disclosure required by law or legal process.

Waiver

No waiver by either party of any breach, default or violation of any term, warranty, representation, agreement, covenant, condition or provision hereof shall constitute a waiver of any subsequent breach, default or violation of the same or any other term, warranty, representation, agreement, covenant, condition or provision hereof. All waivers must be in writing.

Applicable Law

The validity, performance and construction of this Agreement shall be governed by and construed in accordance with the laws of the State of California.

Confidentiality

Data and the sample materials provided by the Customer or at Customer's request and the result obtained by BC Laboratories shall be held in confidence [unless such information is generally available to the public or is in the public domain or Customer has failed to pay BCL for all services rendered or is otherwise in breach of this Agreement] subject to exclusive use and benefit of Customer and Customer agrees there shall be no third party beneficiary of such reports, data, software programs, methods, or other formulations.