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