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IRC Courthouse-Construction Administration <br /> Vero Beach,Florida <br /> April 12,2017 <br /> Page 3 of 3 <br /> Engineer's Project 16-210A <br /> ATTACHMENT `A' <br /> PROPOSAL/CONTRACT FOR ENGINEERS SERVICE <br /> I. ACCEPTANCE. <br /> The time for acceptance of the afore going proposal is limited to thirty(30)days from the date of the <br /> proposal. If not accepted within that timeframe, the proposal will be withdrawn by ML Engineering, Inc., <br /> after which a new proposal must be negotiated by the parties. <br /> II. INDEMNIFICATION: <br /> As a separate and distinct consideration for this indemnification agreement hereunder,the consideration of <br /> which is$100.00,the receipt of which is acknowledged by the party with whom ML Engineering,Inc. is <br /> contracting hereunder, that party agrees to indemnify and hold ML Engineering, Inc. harmless from any <br /> and all claim and causes of action arising out of the work of ML Engineering, Inc. arising out of the work <br /> performed or to be performed by the party with whom ML Engineering, Inc. is contracting hereunder, or <br /> any other contracting parties' agents, affiliates, subsidiaries or assigns, excepting only such actions, claims <br /> or lawsuits arising out of the gross negligence of ML Engineering, Inc., its affiliates, subsidiaries, officers <br /> and employees. <br /> III. THIRD PARTY BENEFICIARY: <br /> This agreement is entered into for the exclusive benefit of the parties, and the parties expressly disclaim <br /> any intent to benefit anyone not a party. <br /> IV. LATE PAYMENT: <br /> All payments called for under the terms and conditions of this proposal will bear simple interest a 1-1/2% <br /> per month. <br /> V. GOVERNING LAW AND VENUE. <br /> This agreement is to be governed by the laws of the State of Florida and the venue in the event of any <br /> litigation shall be Indian River County,Florida. <br /> VL LIABILITY- <br /> The liability of ML Engineering,Inc. for damages arising out of its performance for any mistake, mission <br /> interruption, delay,error or defects in the providing of its services set forth herein or any portion of its <br /> services,occurring in the course of performing this agreement,shall in no event exceed the amount of the <br /> contract for services. <br /> VII. TERMINATION FOR CAUSE: <br /> ML Engineering, Inc. has the right to terminate the contract for cause, which includes any of the <br /> following events: <br /> 1. Failure to make timely payments. <br /> 2. Failure to respond to ML Engineering,Inc.'s written request for information or decisions. <br /> 3. If ML Engineering,Inc.verily believes that the work requested will result in a structure or <br /> design that is not viable. <br /> In the event of the above one or more grounds for termination for cause, ML Engineering,Inc. shall give a <br /> seven day written notice, and if the grounds for termination are not corrected within the seven days, ML <br /> Engineering,Inc. has the right to terminate the contract. <br /> VIII. ATTORNEY FEES: <br /> If either party brings a lawsuit in order to enforce or interpret the provisions of this agreement, the <br /> prevailing party should be entitled to reasonable attorney fees in additional in addition to any other relief to <br /> which that party may be entitled. <br /> 3 <br />