5.2 Should the COMPANY and the CONTRACTOR agree that Additional Tools are required in order to perform the Services, the CONTRACTOR assumes full responsibility for the procurement and delivery of same to the Site (including without limitation, sourcing, preparation of all documents to purchase or lease, order, ship, expedite, inland delivery and return to vendor-lessor (if required)). In the event that, in the COMPANY’s reasonable judgment, it is determined that Additional Tools either:
(a) could not have been reasonably foreseen by the CONTRACTOR, then the costs of Additional Tools and all of the CONTRACTOR’s actual, reasonable and verifiable costs incurred in delivery of Additional Tools to the Site shall be for COMPANY’s account; or
(b) could have been reasonably foreseen by the CONTRACTOR, then the costs of Additional Tools and all of the CONTRACTOR’s costs incurred in obtaining and delivery of Additional Tools to the Site shall be for the CONTRACTOR’s account.