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Indian River Commercial Proposal for <br />ECO-dlStrlCt Installation and Operation of HEARTLAND <br />Pilot Leachate Treatment System `"AT` "'-.` <br />A Frankens Energy Initiative <br />Annex E: ADDITIONAL COMMERCIAL TERMS <br />1. Delivery and Shipment. The parties will coordinate on mutually acceptable dates for delivery and conducting the Pilot and for removal of <br />the Concentrator equipment from the Facility. Delivery to the project site is conditional upon provision of access roads of a nature that <br />will permit access by tractor -trailers. Off-loading and positioning of equipment at the job -site is the Indian River County's responsibility as <br />provided above. <br />2. Taxes. Pricing does not include any federal, state, or local sales, use, property, excise, customs/duty or other similar taxes applicable to <br />or imposed upon the equipment in this proposal. Indian River County Administration shall provide Heartland with a tax exemption <br />certificate acceptable to all applicable taxing authorities. <br />3. Governing Law. The rights and obligations of the Facility and all service providers shall be construed in accordance with and governed by <br />the laws of the State of Florida without regard to principles of conflicts of law. <br />4. Payment Terms. Prices herein are good for ninety (90) days beyond date of quotation. Heartland reserves the right to withdraw any/all <br />quotations. The payment terms shall be per below schedule. All payments are due as follows: <br />• Invoicing at 1/3 total for Mobilization, 1/3 total at Pilot Test Completion and 1/3 total upon receipt of Final Report. <br />• Invoices shall be paid in accordance with Local Prompt Payment Act <br />5. Cancellation. Either Indian River or Heartland may cancel this order only upon written notice up until the date of shipment. <br />6. Changes in Work. If either party finds it necessary to make changes in the Work, Indian River Eco -District, Heartland and Indian River <br />County will mutually agree upon price impact (if any, whether higher or lower), before the such changes are applied. Heartland reserves <br />the right to make product and design changes in goods ordered which will not adversely affect form, fit or function requirements, with <br />notification to or price approval by Indian River County. All changes requested by Indian River County in the process or design of goods <br />are subject to written approval by Indian River Eco -District and to reasonable changes in delivery and price as IRED and Heartland <br />Copyright 2019. All rights reserved 28 Indian River Eco -District, LLC <br />IRED Heartland Proposal - Leachate Treatment Pilot - 13Nov2019 <br />