SPECIAL NOTICE
Acceptance of this report, or use of any information contained in this report, by any party receiving this report
(each a “Recipient”) shall constitute an acknowledgement and acceptance by such Recipient of, and agreement by
such Recipient to be bound by, the following:
(1) This report was prepared for TEST CORP (“Client”) by Black & Veatch Management Consulting, LLC
(“Consultant”) and is based on information not within the control of Consultant. In preparing this report,
Consultant has assumed that the information, both verbal and written, provided by others is complete and correct.
Consultant does not guarantee the accuracy of the information, data or opinions contained in this report and does
not represent or warrant that the information contained in this report is sufficient or appropriate for any purpose.
(2) This report should not be construed as an invitation or inducement to any Recipient or other party to engage or
otherwise participate in the proposed or any other transaction, to provide any financing, or to make any investment.
Recipient acknowledges and agrees that it is not reasonably feasible for Consultant to conduct a comprehensive
investigation and make definitive determinations for the compensation provided and without thorough verification
of the information upon which the Services were performed, and therefore Consultant can offer no guarantee or
assurances that any facts, observations, analysis, projections, opinions, or other matters contained in the report will
be more accurate, either at the time the report is issued or at any other time.
(3) Recipient is not entitled to make any copies of any portion of this report, use extracts therefrom or transmit any
part thereof to any other party in any form, including without limitation electronic or printed media of any kind.
(4) TO THE FULLEST EXTENT PERMITTED BY LAW, CONSULTANT’S TOTAL LIABILITY, ON A
CUMULATIVE AND AGGREGATE BASIS, TO CLIENT AND ALL RECIPIENTS AND OTHER PARTIES,
RESULTING FROM CONSULTANT’S ACTIONS IN RELATION TO THE CREATION AND DISSEMINATION
OF THIS REPORT, WILL BE LIMITED TO THE AMOUNT OF COMPENSATION (EXCLUSIVE OF THE
REIMBURSEMENT OF COSTS AND EXPENSES) ACTUALLY RECEIVED BY CONSULTANT FROM
CLIENT FOR THE CREATION OF THIS REPORT UNDER THE MCSA. Recipient hereby waives any right to
seek or collect damages in excess thereof and releases Consultant from any and all damages or losses which, if
required to be paid to Recipient, would result in Consultant paying total damages to any and all parties, including
Client and all Recipients, in an amount that would exceed the limit set forth in the previous sentence.
The exclusive venue for any claim, cause of action, legal proceeding, or lawsuit relating to this report shall be the federal court or the state court if a federal jurisdiction is not present, located in New York City, Borough of
Manhattan, State of New York. Recipient and any other party irrevocably waive each argument, objection, defense,
assertion, or claim that venue is improper for any reason in the state and federal courts in New York City, Borough
of Manhattan, State of New York for any claim, cause of action, legal proceeding, or lawsuit brought in said courts
or that such claims have been brought in an inconvenient forum.
The above terms and conditions are governed by and shall be governed by and construed in accordance with the
laws of the State of New York, without giving effect to the conflicts of laws principles thereof other than Sections 5-
1401 and 5-1402 of the General Obligations Law of the State of New York.
IF ANY RECIPIENT IS NOT WILLING TO ACKNOWLEDGE AND ACCEPT, OR AGREE TO, THE TERMS
SET FORTH ABOVE, IT MUST RETURN THIS REPORT TO CONSULTANT IMMEDIATELY WITHOUT
MAKING ANY COPIES THEREOF, EXTRACTS THEREFROM OR USE (INCLUDING DISCLOSURE)
THEREOF. A RECIPIENT’S FAILURE SO TO RETURN THIS REPORT SHALL CONSTITUTE ITS
ACKNOWLEDGEMENT AND ACCEPTANCE OF AND AGREEMENT TO THE TERMS SET FORTH ABOVE
