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<br /> ENVIRONMENTAL RISK MANAGEMENT, INC .
<br /> Licensed Engineering and Geology Firm v Assessment & Remediation Consultants
<br /> ' rFRNIS AND CONDITIONS
<br /> March 1 , 2009
<br /> By authorizing this contract , the client agrees to the following :
<br /> Payment : final payment is due upon completion of the final project report and will be required prior to release otthe report
<br /> unless
<br /> other written arrangements are made. If payment tcrnn , are extended beyond the project due date , flee client agrees
<br /> to carefully
<br /> read the invoice : and promptly notify its , in writing , of any claimed errors or discrepancies within Id days
<br /> after the date of' the
<br /> invoice , if we do not receive such notice, it is presumed that you agree with the accuracy and fairness of the invoice
<br />. invoices , hall
<br /> he considered past due it' not paid within 30 days after the invoice date . Late payment charges of 1 . 5 ''ro per
<br /> month of flee balance
<br /> due on the account shall be applied on all past due invoice . If any portion of an account i , unpaid 90 day , after
<br /> the itrvoicc date ,
<br /> the client shall pay the cost ofcollcetion , including reasonable attorney ' s fees .
<br /> Hidden Conditions : :A structural condition is hidden it concealed by existing finishes or . s not ascertainable by reasonable
<br /> visual �
<br /> observation , For example, all unregistered underground storage tank with no visual evidence to indicate it, existence is
<br /> a hidden
<br /> condition . Similarly , soil or groundwater contamination existing in sur untested location , with no reasonable visual , regulatory
<br />, or
<br /> historical evidence to indicate its exi ,tcnce is a hidden condition . Provided ERMI conforms to the Standard of Care
<br /> ns outlined
<br /> below and the Scope of' Work defined in the Contract grecnncnt , ERMwith
<br /> I : ill not be responsible for any liability associated
<br /> hidden collditiom .
<br /> Standard of Care : ERMI represents that the service :. pertbrmed in this project will conform to the standard
<br />of ' care , skill , and
<br /> diligence excrci >ed by other similar professionals performing the same or similar service , in the arca . ERMI will render
<br /> qualiticd
<br /> opinions pertainitre, to the objectives ol ' this project , b .rsed on data obtained in the investigation . 11n assessment of
<br />this nature doe ;
<br /> not include any guaranty reg:u4ding the conclusions 01' 01C final report because even the most diligent investigation has limitation
<br />~
<br /> Reliance anal Llsc of_Rej orts : The party ( ies ) to vvhom the report is certified is entitled to rely on the intiirmation
<br /> presented in the
<br /> final report . No other parties are entitled to rely on the report unless additional written arrangement , are nnadc .
<br /> If ;t successor or
<br /> assignee of the client , or another third party, requests tyre ability to rely on the report , the party
<br /> must agree to the Cerins and
<br /> conditions of this contract agreement . Reliance is uOntingent upon unconditional acceptance of the terms and conditions and on
<br />the
<br /> limitations expressed in the final report . Additional charges may apply for reliance letters . FR % 11 will provide one
<br />original and one
<br /> copy of' the lmn it report to the client unless otherwise specified in the Scope of Work Lection of the agreement .
<br /> ,\ ddjtional charges
<br /> may ; tpply if the client desires additional copies of the final report.
<br /> 5i ; e Sal 'etvLRN111 ' s .site responsibilities are limited solely to the activities of FRMI . These responsibilities shall not be
<br /> interred to j
<br /> mean that FRiA41 has responsibility for the satety o1 � any person not employed by FRrML
<br /> Termination of Services: The result of any financing or real estate transaction will not effect payments due . If the Client
<br /> desires to
<br /> terntinate this agreement for any reason , and FRMI has rendered professional services toward completion of the project , a
<br /> ice of
<br /> � 90o , 00 , or fee ; on a tittle and materials basis, will be charged , whichcver is greater. Fhe termination notice must
<br /> be submitted in
<br /> wri ( ing to the project manager.
<br /> Indemnifications : ERMI agree. to indernnifv the client Irons liability caused by ERMI negligence arisin r
<br /> from the services
<br /> provided by ERMI in this project . Client agrees to indemnit'v ERMI from liability caused by the client , the property
<br /> owner , or the
<br /> facility operator at the subject property , and to indemnify ERMI from liability or losses associated with real estate transactions
<br /> or
<br /> financing .
<br /> Mediation : In an effort to resolve any conflicts that m :w arise (roan this project , client and ERMI agree that
<br /> all disputes shall be
<br /> suhrnittcd to non-bindimi mediation , unless the parties mutually agree othcnvisc .
<br /> I
<br /> Anulic :hie Law : This agreement shall he governed by the laws of Florida , and venue of any proceedings shall lie exclusive
<br /> Iv in
<br /> ( ee County Florida .
<br /> A *Ltornev�s lFee_ :r : In connection with any litigation that may arise from this project, the prevailing party shall be
<br /> entitled to recover
<br /> i
<br /> reasonable attorney ' ; tees from the other party .
<br /> i
<br /> Headquarters P12401 Brantley Commons Court Suite 101 Fort Myers , Florida 33907
<br /> 1 - 888 - ENV-MGMT ( 1 -888 -368 -6468 ) o Fax 1 -888 - 368 -6329 . www . ermi . net
<br />
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