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STANDARD CONDITIONS:
<br />Project Number: 21-04
<br />Concurrency: This design and permitting effort neither implies not guarantees that concurrency will be met at the time of
<br />construction of the first phase, or any phases, riot is it the responsibility of MBV Engineering, Inc. to monitor levels or
<br />services or infrastructure capacities.
<br />Backcharges will not be accepted by MBV Engineering, Inc. unless we provide written agreement covering all corrective
<br />action and the total amount of the backcharge necessary to accomplish the corrective action.
<br />Engineer's evaluations of Owner's probable project budget and any opinicns of probable construction costs, if rendered
<br />as a service under this Agreement, will be made on the basis of Engineer's experience and qualifications and will represent
<br />Engineer's best judgment as a qualified design professional familiar with :ire construction industry. Because the Engineer
<br />has no control over the cost of labor, materials, equipment, or services furnished by others, the Engineer does not
<br />guarantee or represent that proposals, bids, negotiated prices, or actual construction costs will not vary from the opinions
<br />of probable construction costs prepared or agreed upo-i by Engineer. If the Owner wishes greater assurance as to
<br />construction costs, the Owner shall employ an independent cost estimator.
<br />H. Dispute Resolution:
<br />In the event of any dispute concerning this Proposal/Contract for Professional Engineering Services, MBV Engineering, Inc.
<br />shall be entitled to recovery of its reasonable attorney's fees and costs incurred in connection with the dispute, including
<br />court costs and fees and costs of appeals. Disputa resolution and the location/jurisdiction thereof, may be by mediation,
<br />arbitration and/or court action in the sole discretion of MBV Engineering, Inc. The laws and statutes of the State of Florida
<br />shall govern all dispute resolution.
<br />Termination Without Cause:
<br />If at any time MBV Engineering, Inc. is notified in writing by Contractee that the Contractee wishes to terminate the
<br />agreement for any reason, MBV Engineering, Inc. shall be entitled only to the reasonable value of work furnished pursuant
<br />to the agreement up until the moment of such rotice. This notice shall be sent by certified mail, return receipt to MBV
<br />Engineering, Inc., 1835 20th Street, Vero Beach, FE 32960. This notice will be effective upon receipt. MBV Engineering, Inc.
<br />shall not be entitled to payment for work furnished after such notice or not reasonably required to have been previously
<br />furnished under this Agreement.
<br />J. Authority of Signer:
<br />If the Contractee is a corporate entity or an individual other than signer, the signer represents that he/she by their
<br />signature is authorized to, empowered to and does sign this Proposal/Contract on Contractee's behalf.
<br />K. Indemnification by Signer:
<br />Signer understands and agrees that, if the Contractee is a corporate entity or an individual other than signer, that signer is
<br />personally liable and responsible for payment of all work/services performed by MBV Engineering, Inc., in the event that
<br />the Contractee fails to pay for the work/services performed.
<br />L. Limitation of Liability
<br />Engineer and Owner agree that the services performed by the Engineer pursuant to this Agreement are solely for the
<br />benefit of the Owner and are not intended by eit5er the Engineer or the Owner to benefit any other person or entity. To
<br />the extent that any other person or entity is benefited by the services performed by the Engineer pursuant to this
<br />Agreement, such benefit is purely incidental and !uch other person or entity shall not be deemed a third party beneficiary
<br />to this Agreement.
<br />The Owner and MBV Engineering, Inc. have cons dered the risks, rewards and benefits of the project and the Engineer's
<br />total fee for services. Risks have been allocated such that the Owner agrees that, to the fullest extent permitted by law,
<br />the Engineer's liability to the Owner for any and all injuries, claims, losses, expenses, damages or claim expenses arising
<br />out of this agreement from any cause or causes shall not exceed the total fee received for the project. Such causes include,
<br />but are not limited to, the Engineer's negligence, errors, omissions, strict liability, breach of contract, or breach of warranty.
<br />PURSUANT TO FLORIDA STATUTES SECTION 558.0035 (2013)
<br />AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD
<br />INDIVIDUALLY LIABLE FOR NEGLIGENCE.
<br />Initial — Client Initial- MBV
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