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General Terms and Conditions — - ------ - -- --- _ ______ ____-_-- --__ __.. -- _! Reimbursable Items Our proposal design fees do not include reimbursable expenses. All drawings shall be printed at our office and delivered to Client. Items requested by Client shall be billed at the following rates: A. Travel expenses-actual cost with a 1.2 multiplier B. Reproductions($0.25 per square foot), postage,and deliveries-actual cost with a 1.2 multiplier Hourly Rates for Additional Services Our hourly rates for additional services shall be billed at the following rates: A. Engineer $150.00 per hour C Drafter$60 00 per hour B. Designer $80.00 per hour D Admin $40 00 per hour Limitation of liability The aggregate liability of Treasure Coast Engineering, Inc., in any Client claim,shall not, under any circumstance,exceed the payment, if any, received by Treasure Coast Engineering, Inc. for the services furnished or to be furnished, as the case may be,which is subject of the claim or dispute. In no event shall Treasure Coast Engineering, Inc.be responsible for incidental or consequential damages,however caused. Physical Construction of Project When services are provided during construction under this proposal, it is understood that the Consultant shall not be in charge of or be responsible for the Contractor's methods of construction, construction forces or equipment, construction progress, Contractor's safety procedures or information as to the status of the Contractor's payment of his bills for labor and/or materials used on the Project. Ownership of Documents All plans,specifications, computer files,field data, notes and other documents and instruments prepared by the Consultant shall remain the property of the Consultant and may not be used by any others without the written consent of the Consultant, including the copyright thereto. The Client shall be expressly prohibited from making any further use of the construction documents for any purpose,including,but not limited to, the conversion for another purpose. This provision shall survive termination of this Agreement. Termination of Agreement This agreement is subject to termination by the Client upon seven(7)days written notice. In the event of any termination, the Consultant will be paid for all services rendered to the date of termination. Upon written request,the Consultant will supply one copy of all documents related to the Project. Additional services Revisions due to owner comments or revisions which occur after permit submission completion(including addressing permit comments)will be treated as additional services and invoiced accordingly Severability Should any term and condition be declared illegal or otherwise unenforceable,it shall be severed from the remainder of this agreement without affecting the legality of enforceability of the remaining portions. Indemnity The Consultant agrees to indemnify for only the damages that flow from the Consultant's own negligence or from that of the Consultant's sub- consultants. Standard of Care The Consultant is to be held only to the standard of care of other similarly skilled and educated Consultants in the community No other standards or warranties,expressed or implied,including warranties of marketability or fitness for a particular purpose apply. Mediation Any dispute under this agreement shall be submitted to final and non-binding mediation as follows. a. Each party shall bear the cost of its own attorney's fees,and b. The mediation hearing shall be held in Indian River County,Florida,unless the parties mutually agree to another location. C. Neither party shall commence or pursue any litigation on any claim under this Agreement until mediation has been demanded by a party and either the other party does not reasonably cooperate in the mediation process or the parties are still at an impasse following the mediation. Each party agrees that this requirement to mediate is reasonable,valid and enforceable. If any legal proceeding is necessary to enforce or interpret the provisions of this Agreement after mediation,the prevailing party shall be entitled to its reasonable attorney's fees and legal costs, in addition to any other relief to which such party may be entitled. The venue for any legal action for the enforcement of this Agreement shall be in Indian River County, Florida,to the exclusion of all other venues. Treasure Coast Engineering,Inc. Please Initia.C3-fere