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Indian River COUNTY 45"' Street Milling & Resurfacing Project 02/21/2018 IRC -1722 (FDOT SCOP FM No. 436848-1) Page 8 of 11 MM File #1804 Commencing on the thirty-first day, interest shall be added to the unpaid balance at the rate of one and one- half percent (1-1/2%) per month ora total of eighteen percent (18%) per annum. in the event that the matter of delinquent payments shall be turned over to legal counsel for collection, legal fees, costs and recording fees incurred for collection shall be added to the outstanding amounts due. d) Release/Reuse of Documents All documents including drawings, disks, specifications and reports prepared or furnished by Masteller & Moler, Inc. (Engineer) or Engineer's Independent Professional Associates and Consultants pursuant to this agreement are instruments of service in respect of the Project and the Engineer shall retain all Ownership and property interests therein, whether or not the project is completed. To that end, Engineer may exercise his right to execute a copyright notice upon any document prepared by Engineer in connection with this project. All original documents shall remain the sole property and in the sole possession of Engineer. Owner/Client will be provided and may retain copies of said documents for his use and information; however, said documents are not intended or represented to be suitable for reuse by Owner/Client or others on extensions of the project or on any other project. Any reuse without express written verification or adaptation by Engineer for the specific purpose intended, will be at Owner's/Client's sole risk and without liability or legal exposure to Engineer or to Engineer's Independent Professional Associates and Consultants. Owner/Client shall indemnify and hold harmless the Engineer and Engineer's Independent Professional Associates and Consultants from all claims, damages, losses and expenses including attorney's fees arising out of or resulting therefrom. e) Release/Reuse of Electronic Data All electronic data including drawings, specifications and reports prepared or furnished by Masteller & Moler, Inc. (Engineer) or Engineer's Independent Professional Associates and Consultants pursuant to this agreement are instruments of service in respect of the Project and the Engineer shall retain all ownership and property interests herein, whether or not the project is completed. To that end, the Engineer may exercise his right to withhold the release of any electronic data and evaluate each request on an individual basis. Any Release/Reuse of Electronic Data agreed upon by the Engineer shall automatically be encumbered by above stated Item (d) Release/Reuse of Documents. f) Limitation of Liability The Owner and Masteller & Moler, Inc. have considered the risks, rewards, and benefits of the project and the Engineer's total fee for services. Risks have been allocated such that the Owner agrees that, to the fullest extent permitted by law, the Engineer's liability to the OWNER for any and all injuries, claims, losses, expenses, damages, or claim expenses arising out of this agreement from any cause or causes shall not exceed the total fee received for the project. Such causes include but are not limited to the Engineer's negligence, errors, omissions, strict liability, breach of contract, or breach of warranty. Pursuant to Florida Statute § 558.035, an individual employee or agent of Masteller & Moler, Inc. may not be held individually liable for damages resulting from negligence occurring within the course and scope of professional services rendered under this professional services contract. g) Engineers Certification Definition "Certification" shall mean a statement signed and/or sealed by a professional engineer representing that the engineering services have been performed by the professional engineer, and based upon the professional engineer's knowledge, information and belief, and in accordance with commonly accepted procedures (8)