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. .' City of L..amar, Colorado Potential for Pressurized Secondary Water page 4 TERMS AND CONDITIONS Aqua Engineering, Inc. Aqua Engineering and Client agree as follows: I. SERVICES: Aqua Engineering will perform the professional services as defined in the Scope of Work. 2. COMPENSATION: Client will compensate Aqua Engineering for completed work. 3. BILLING: Aqua Engineering's normal billing period ends at the close of each month, or at the completion of each work phase. Payment is due and payable within 30 days of invoice date. Past due amounts will accrue interest in the amount of 2% per month until payment is made, plus any attorneys' fees. 4. CONFORMANCE TO AGREEMENTS WITH HIGHER ENTITY(S): Aqua Engineering will not be subject to the terms of any agreements related to the project issued by any higher entity(s) unless it has copies of such agreements to examine. Such copies shall be full and true copies of said agreements, except that fee information may be excluded. This includes Client's immediate agreement with its client in addition to any other agreements at higher levels, i.e. agreement with Owner. 5. PURCHASE ORDERS: Issuance of apurchase order in response to this proposed letter agreement shall constitute acceptance of these Terms and Conditions whether or not these Terms and Conditions are specifically referenced on the purchase order. 6. CHANGES: A reasonable amount of coordination is anticipated for the work and is included in the fees quoted. If the scope-of-work changes through concerns of the Client or base information changes are made which impact the original scope-of-work, the additional work or coordination will be charged on an hourly basis per Aqua Engineering's hourly rate schedule in effect at the time of the changes. If the Client directs Aqua Engineering to coordinate its work with other entity(s), the Client shall pay Aqua Engineering for any work beyond our original scope of work necessitated by errors or changes made by the other entity(s). 7. TERMINATION OR SUSPENSION OF WORK: If the scope-of-work delineated is abandoned or suspended in whole or in part, Aqua Engineering is to be paid for services performed on such work prior to receipt of written notice to cease work, together with any termination expense resulting from cessation of work. 8. INDEMNIFICATION: Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless Aqua Engineering against all damages, liabilities or costs including reasonable attorney's fees and defense costs, to the extent caused by the Client's negligent performance of professional services under this agreement and that of its sub-consultants or anyone for whom the Client is legally liable. Aqua Engineering, Inc. agrees, to the fullest extent permitted by law, to indemnify and hold harmless, the Client against all damages, liabilities or costs including reasonable attorney's fees and defense costs, to the extent caused by Aqua Engineering, Inc.'s , negligent performance of professional services under this agreement and anyone for whom Aqua Engineering, Inc. is legally liable.