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IRC Courthouse -Construction Administration Vero Beach, Florida April 12, 2017 Page 3 of 3 Engineer's Project 16-210A ATTACHMENT `A' PROPOSAL/CONTRACT FOR ENGINEERS SERVICE ACCEPTANCE: The time for acceptance of the afore going proposal is limited to thirty (30) days from the date of the proposal. If not accepted within that timeframe, the proposal will be withdrawn by ML Engineering, Inc., after which a new proposal must be negotiated by the parties. II. INDEMNIFICATION: As a separate and distinct consideration for this indemnification agreement hereunder, the consideration of which is $100.00, the receipt of which is acknowledged by the party with whom ML Engineering, Inc. is contracting hereunder, that party agrees to indemnify and hold ML Engineering, Inc. harmless from any and all claim and causes of action arising out of the work of ML Engineering, Inc. arising out of the work performed or to be performed by the party with whom ML Engineering, Inc. is contracting hereunder, or any other contracting parties' agents, affiliates, subsidiaries or assigns, excepting only such actions, claims or lawsuits arising out of the gross negligence of MI, Engineering, Inc., its affiliates, subsidiaries, officers and employees. III. THIRD PARTY BENEFICIARY: This agreement is entered into for the exclusive benefit of the parties, and the parties expressly disclaim any intent to benefit anyone not a party. IV. LATE PAYMENT: All payments called for under the terms and conditions of this proposal will bear simple interest a 1-1/2% per month. V. GOVERNING LAW AND VENUE: This agreement is to be governed by the laws of the State of Florida and the venue in the event of any litigation shall be Indian River County, Florida. VI. LIABILITY: The liability of ML Engineering, Inc. for damages arising out of its performance for any mistake, mission interruption, delay, error or defects in the providing of its services set forth herein or any portion of its services, occurring in the course of performing this agreement, shall in no event exceed the amount of the contract for services. VII. TERMINATION FOR CAUSE: ML Engineering, Inc. has the right to terminate the contract for cause, which includes any of the following events: 1. Failure to make timely payments. 2. Failure to respond to ML Engineering, Inc.'s written request for information or decisions. 3. If ML Engineering, Inc. verily believes that the work requested will result in a structure or design that is not viable. In the event of the above one or more grounds for termination for cause, ML Engineering, Inc. shall give a seven day written notice, and if the grounds for termination are not corrected within the seven days, ML Engineering, Inc. has the right to terminate the contract. VIII. ATTORNEY FEES: If either party brings a lawsuit in order to enforce or interpret the provisions of this agreement, the prevailing party should be entitled to reasonable attorney fees in additional in addition to any other relief to which that party may be entitled. P137