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<br />;:,~ <br /> <br />. <br /> <br />. <br /> <br />.' <br /> <br />GENERAL CONDITIONS <br /> <br />.. <br /> <br />INVOICES <br /> <br />~ <br />Consultant will submit progress invoices to client monthly and a linal bill upon completion 01 the services, <br />Invoices will show charges for different personnel and expense classifications. A more delailed separation of <br />charges and backup data. such as timesheets and invoices, is available. Each invoice is due on presentation <br />and is past.due thirty (30) days from invoice date. Client agrees to pay a finance charge of one and one.half <br />percent (1.1/2%) per month, or the maximum rate allowed by law, on past.due accounts. Should eilher party <br />hereto bring suil in court to enforce any lerm of this Agreement, it is agreed that the prevailing party shall be <br />entitled to recover his costs. expenses and reasonable allorneys' fees. <br /> <br />SAMPLES <br /> <br />All samples of soil and rock will be discarded thirty (30) days after report submillal. Upon Client's request <br />and authorization, samples will be delivered in accordance with Client's instructions, or stored for an agreed <br />charge. <br /> <br />RIGHT.OF,ENTRY <br /> <br />Unless otherwise agreed, Client will furnish right.ol.entry for Consultant to make bOrings, surveys andlor <br />explorations. Consultant will take reasonable precautions to reduce damage to property. However. cost of <br />restoration or damage which may result from field operations is not Included in the fee unless otherWise <br />staled. <br /> <br />UTILITIES <br /> <br />We will not be liable for damage to subterranean structures (pipes, tanks, telephone wires, etc.) if the <br />locations are not shown on the sile plans furnished to us. <br /> <br />REPORTS <br /> <br />Reports, plans and other work prepared by Consultant remain the property 01 Consultant until all lees for <br />Consultant's services have been paid. Client agrees that all reports and other work lurnlshed to the Ciient and <br />his agents not paid lor will be returned upon demand, and will nol be used lor licensing, permits, design <br />andlor construction. <br /> <br />LIMITATION OF LIABILITY <br /> <br />Consultant agrees in connection with services performed under this Agreement that such services are <br />performed with the care and skill ordinarily exercised by members of the profession practicing under similar <br />conditions at the same time and in the same or a similar locality. No warranty, expressed or implied. is made <br />or intended by rendition of consulting services or by furnishing oral or wrillen reports of the lindings made. <br /> <br />Any exploration, testing, surveys and analysis associaled wilh the work will be performed by Consultant <br />solely to fulfill Ihe purpose of this Service Agreement and Consultant is not responsible for interpretation by <br />others of the inlormation developed. Client recognizes that subsurface conditions beneath the project site <br />may vary from those encountered in borings, surveys or explorations and that information and recommenda. <br />tions developed by Consultant are based solely on the information avaiiable to him. <br /> <br />Consultant's liability for damages due to professional negligence will be limited to a sum not to exceed <br />S50,000.00 or the lee, whichever is greater. In the event that Client does not wish 10 limit Consultant's proles. <br />sionalliability to this sum, Consultant agrees to waive this limitation upon receiving Client's written request <br />prior to the start of Consultant's work on this project. In the event Client requests Consultant to waive this <br />limitation of liability, Client agrees to pay an additional consideration of lour percent (4%) 01 the total lee, or <br />$200.00, whichever is greater. <br />