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TRC Woridwicde 17-- ngineering , inc. a
<br /> 12550 Professional Park Drive Suite 7
<br /> Fort Myers , FL 33913
<br /> R Caw
<br /> (23 9 ) 939. 1414 Fax: (239) 2784289
<br /> WORLDWIDE EplGI !lEER ( t{ G
<br /> u v✓ rr. trcuw. ccm
<br /> _GENERAL CONDITIONS
<br /> i 5/15/09
<br /> Statements will be issued the first week of each month, payable upon receipt, unless otherwise agreed . Interest of 1 . 5% per month
<br /> (but
<br /> not exceeding the maximum rate allowable by law) will be payable on any amounts not paid within 30 days , payment thereafter
<br /> to be
<br /> applied first to accnred interest and then to the principal unpaid amount. Any attorney's fees or other costs incurred
<br /> in collecting any
<br /> delinquent amount shall be paid by the Client. Express mail shipments, courier service, etc . is not included and will be
<br /> a reimbursable
<br /> expense . In the event payment for an invoice is not made within 30 days , TRC Worldwide Engineering ,
<br /> Incorporated ("i RCWW)
<br /> reserves the right to notify the Client of our intention to stop work on the project, Sales tax, if applicable , shall be an additional
<br /> charge to
<br /> all hourly rates, fees and reimbursable expenses. All fees quoted are valid for six months unless specified .
<br /> If the Client requests termination of the work prior to completion , we reserve the right to complefe such analysis
<br /> and records as
<br /> necessary to place our files in order and , where considered by us necessary to protect our professional reputation , to cornplete a
<br /> report
<br /> on the work perfomled to date . A termination charge to cover the cost thereof in an amount not to exceed 30 percent
<br /> of all charges
<br /> incurred up to the date of the stoppage of work may, at the discretion of TRCWW , be applicable .
<br /> i
<br /> If the Client makes a claim against TRCbVW , at law or otherwise, for any alleged error, omission or other
<br /> act arising out of the
<br /> performance of our professional services , and the Client fails to prove such claim , then the Client shall pay all costs, including attorney's
<br /> fees , incurred by TRCWW in defending itself against the claim .
<br /> The only warranty or guarantee made by TRCVJW in connection with the services performed hereunder is that we will use that degree
<br /> of care and skill ordinarily exercised under similar conditions by reputable members of our profession practicing in the same or similar
<br /> locality. No other warranty, expressed or implied, is made or intended by our proposal for consulting services , by our fumishing
<br /> oral or
<br /> written reports , or by furnishing drawings and specifications.
<br /> The outlined scopo of services will be accomplished in a dm .rly, workmanlike and professional manner by employees
<br /> or agents of
<br /> TRCWW at the fees quoted . If during the execution of the work we are required to stop operations as a result of changes
<br /> in the scope
<br /> of work such as requests by the Client, or others , additional charges will be applicable .
<br /> TRCWW maintains 'vVcrker' s Compensation and Employer's Liability Insurance in conformance with state law . in addition , we maintain
<br /> Comprehensive General Liability insurance with limits of $ 1 , 0003000 - 000 . A Certificate of insurance can be supplied evidencing
<br /> such
<br /> coverage . Cost of the above coverage is included in our quoted fees . Additional insurance or increased limits of liability
<br /> are available
<br /> upon written request for an additional charge .
<br /> Ail work prepared by TRCWW is the property of the corporation and may only be used for its intended use . Said work
<br /> may not be used
<br /> at any other location for any other !ase without TRCWW's written authorization .
<br /> This agreement is to be governed by the laws of the State of Florida . The venue for legal action ansina out of
<br />this agreement shall lie
<br /> exclusively in the Circuit Court in and for Lee Counly, Florida _ %thing contained in this Agreement
<br /> shall create a contractual
<br /> relationship with or a cause of action in favor of a third party against either lho Client or the TRC . TRC's professional services
<br /> under this
<br /> Agreement are being performed solely for the Client's benefit , and no other party or entity shall have any claim against TRC
<br /> because of
<br /> this Agreement or the performance or nonperformance of professional services hereunder. The Client and TRC agree to
<br /> require a
<br /> similar provision in all contracts with contractors , subcontractors, subconsultants , vendors, and other entities involved in this
<br /> Project to
<br /> carry out the intent of this provision .
<br /> Notwithstanding any other provisions of this Agreement, and to the fullest extent permitted by law, neither the Client
<br /> nor TRC , their
<br /> respective officers , directors , partners , subsidiaries, employees, contractors, or subconsultants shall be liable to the other or shall
<br /> make
<br /> any claim for any incldental , indirect or consequential damages arising out of or connected in any way to the Project, this Agreement,
<br /> or-
<br /> the performance of professional sen ices under this Agreement. This mutual waiver of incidental , indirect or consequential damages
<br /> shall include , but is not limited to , loss of use, loss of profit, loss of business , loss
<br /> of income , loss of reputation or any other
<br /> consequential darnages that either party may have incurred from any cause of action i,-icluding negligence , strict liability,
<br /> breach of
<br /> contract and breach of strict or implied warranty . Both the Client and TRC shall require similar waivers
<br /> of incidental , indirect or
<br /> consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved
<br /> in this
<br /> project.
<br /> In recognition of the relative risks, rewards and benefits of the project to both the Client and the
<br /> Structural Engineer of Record
<br /> (TRCWSN) the risks have been allocated so that the Client agrees tha , to the fullest extent permitted by law , TRCWW's total
<br /> liability to
<br /> the Client, for any and ail injuries , claims , losses , expenses , damages or claims ex?enses arising our of this agreement, from any
<br /> cause
<br /> or causes , shall not exceed the total amount of $50 , 000 . 00 . the amount of TRCWW 's fee (whichever is greater) or other amount agreed
<br /> upon when added under special conditions . Such causes include , but are not limited to TRUVW 's negligence , errors , omissions
<br />, strict
<br /> liability, breach of contract or breach of warranty.
<br /> Initials hate
<br /> S F R V I C F I N N 0 V A T 1 0 N Q U A L
<br /> I T Y
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