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<br />Sustainable Engineering & Design, LLC
<br />Consulting Civil Engineers
<br />LATE PAYMENTS:
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<br />SED -10-062
<br />Any unpaid balances in excess of 45 days past due will be charged interest at the rate of 1-1/2% per
<br />month. If the invoice is not paid within 45 days, ENGINEER may without waiving any claim or right
<br />against the CLIENT, and without liability whatsoever to the CLIENT, terminate the performance of the
<br />service. In the event any portion or all of an account remains unpaid 90 days after billing, the CLIENT
<br />shall pay all costs of collection, including reasonable attorney's fees.
<br />INDEMNIFICATION:
<br />The CLIENT shall, to the fullest extent permitted by law, indemnify and hold harmless the ENGINEER,
<br />his or her officers, directors, employees, agents, and subconsultants from and against all damage, liability,
<br />and cost. Indemnity includes any reasonable attorney's fees and defense costs, arising out of or in any
<br />wav connected with the performance by any of the parties above named of the services under this
<br />agreement, excepting only those damages, liabilities or costs attributable to the sole negligence or willful
<br />misconduct of the ENGINEER.
<br />CERTIFICATIONS / GUARANTEES / WARRANTIES:
<br />The ENGINEER shall not be required to execute any document that would result in its certifying,
<br />guaranteeing, or warranting the existence of conditions whose existence the ENGINEER cannot
<br />ascertain.
<br />LIMITATION OF LIABILITY:
<br />In recognition of the relative risks and benefits of the Project to both the CLIENT and the ENGINEER,
<br />the risks have been allocated such that the CLIENT agrees, to the fullest extent permitted by law, to limit
<br />the liability of the ENGINEER and ENGINEER's officers, directors, partners, employees, shareholders,
<br />owners and subconsultants for any and all claims, losses, costs, damages of any nature whatsoever or
<br />claims expenses from any cause or causes, including attorneys' fees and costs and expert -witness fees and
<br />costs, so that the total aggregate liability of the ENGINEER and ENGINEER's officers, directors,
<br />partners, employees, shareholders, owners and subconsultants shall not exceed $100,000, or the
<br />ENGINEER's total fee for services rendered on this Project, whichever is greater. It is intended that this
<br />limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise
<br />prohibited by law.
<br />TERMINATION OF SERVICES:
<br />This agreement may be terminated by the CLIENT or the ENGINEER should the other fail to perform
<br />its obligations hereunder. In the event of tennination, the CLIENT shall pay the ENGINEER for all
<br />services rendered to the date of termination, all reimbursable expenses, and reimbursable termination
<br />expenses.
<br />OWNERSHIP OF DOCUMENTS:
<br />All documents produced by the ENGINEER, under this agreement, shall remain the property of the
<br />ENGINEER and may not be used by the CLIENT for any other endeavor without the written consent of
<br />the ENGINEER.
<br />P.O. Box 2247
<br />Vero Beach, FL 32961-2247
<br />Office: 772-257-3032 / Fax: 772-257-3033
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