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STANDARD CONDITIONS: <br />Masteller, Moler & Taylor, Inc. <br />1655 27th Street, Suite 2 <br />Vero Beach, FL 32960 <br />Phone: 772-564-8050 <br />Fax: 772-794-0647 <br />e-mail: dt5243@bellsouth.net <br />General: These are the complete terms and conditions of this contract. All terms and conditions of the <br />agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Client to the <br />Surveyor. <br />Definitions: The Client is defined as the addressee(s) and may be referred to as "you". The Surveyor hereafter is <br />defined as Masteller, Moler & Taylor, Inc. who also may be referred to as "I", "me", "it's" or "we". Agency is <br />defined to mean any department or branch of a City or County that oversees or manages activities pertaining <br />to the Surveyor's services. <br />Permission: The client hereby grants the surveyor permission to enter or drive onto client's premises as <br />necessary to perform their services or duties. Furthermore, the client also grants surveyor permission to clear <br />and/or cut trees, branches, or brush as necessary to perform their survey or set property comers. <br />Underground Asbuilts: The Client is responsible for assisting the surveyor as necessary to obtain the location and <br />elevation of any underground utilities as necessary. Client shall expose or mark installed underground utilities <br />for location by surveyor. Surveyor is not responsible to excavate to find utilities. <br />Scheduling: The surveyor makes no guarantee as to field scheduling or time of deliveries. The surveyor is not <br />liable for costs or expenses incurred due to conflicts in scheduling or work backlogs. Further, the surveyor <br />makes no time guarantees, except that surveys, drawings or reports will be performed on first come first served <br />basis. Any scheduling due dates on the front of this contract will be considered target dates only and not be <br />construed as a guarantee. The practice of Land Surveying is not an exact science and is subject to a certain <br />degree of inaccuracy, interpretation of evidence and opinion. The survey is not considered complete until all <br />procedures and calculations used to derive the survey have been reviewed and double-checked by our staff. <br />Warranty: The Surveyor makes no warranty, either expressed or implied, as to its findings, recommendations, <br />specifications, or professional advice except that they were promulgated after preparation according to <br />generally accepted procedures and practices by or under the direction of a professional surveyor and <br />mapper licensed to practice in the State of Florida. <br />The boundary corners and lines depicted by this survey will be established per record title information and <br />represent deed lines only. They do not purport to show ownership lines, lines affected by adverse use, lines of <br />conflicting/overlapping deeds, or other lines that may otherwise be determined by a court of law. <br />Limitation of Liability: Client recognizes and assumes the inherent risks connected with development and <br />construction. For its part, Surveyor will do its best to perform its services to meet the requirements of generally <br />accepted local principles and practices of engineering and land planning. The client agrees to limit Surveyors <br />liability to the client due to Surveyors negligent acts, errors, or omissions, or alleged breach of contract, such <br />that the total aggregate liability to Surveyor shall not exceed $1,000,000.00. Client further agrees to indemnify <br />Surveyor in an action brought against Surveyor seeking compensation for any personal or bodily injury as a <br />result of services rendered under this contract unless those injuries are caused by the work of the Surveyor. <br />Payment Provisions: The Client agrees to encumber sufficient funds to be designated solely to pay for the <br />Surveyor's services. The Client will make payment in full within 30 days of initial submittal of the Surveyor's <br />report, plan specifications, etc. to the Client or the primary regulatory agency. The Client will pay, in full, each <br />subsequent invoice within 30 days of the date on the invoice, and pay an additional charge of two percent <br />(2%) of the amount of the invoice per month for any payment received by the Surveyor more than thirty (30) <br />days from the date of the invoice. Additionally, a $25.00 administrative service fee will be assessed for each <br />monthly Statement of Account issued after the work is completed or suspended by either party. Accounts 45 <br />days past due will be subject to lien, unless other arrangements are made at the time the Agreement is signed. <br />Fees for all Surveyor's time expended and all expenses incurred for liens or collection of any delinquent amount <br />including, but not limited to reasonable attorney fees, witness fees, court costs, charges at current billing rates <br />for time spent by and on behalf of the Surveyor shall be paid by the Client in addition to the delinquent <br />amount. The Client authorizes the Surveyor to charge Client's credit card, as provided to the Surveyor, in the <br />event invoices become past due. <br />Extra Services: The Client, prior to commencement of additional services will authorize any extra services <br />beyond those that are included in the Scope. The Client will reimburse the Surveyor any extra services monthly <br />Page 1 of 3 <br />