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A. As an instrument of service, all original documents remain the property of the <br />Architect and may not be reproduced in any form or modified fashion, without the <br />written consent of the Architect. <br />B. The Architect shall invoice every two weeks. Invoices will be based on completed <br />work for the services defined in Article I plus any additional services and <br />reimbursable expenses accumulated during that period. Note: Architect's <br />Reimbursable Expenses are listed in Article IX of this agreement. <br />C. Regular invoicing will be at two-week intervals. Payments due the Architect under <br />this agreement shall bear interest at the rate of 1.5 percent per month commencing 30 <br />days after the date of billing. If payments due the Architect are not received within 45 <br />days of the date on the invoice, the Owner agrees to assume responsibility for the cost <br />of all required collection services, legal fees, mediation or court costs, incurred in the <br />interest of collecting these fees. <br />D. In the event of any delinquent or disputed invoices, the Owner agrees that the <br />Architect and his Professional Consultants may cease all ongoing efforts on the <br />project until the outstanding invoice is paid or legally adjudicated. <br />E. Disputes regarding this agreement shall be settled in the following order of <br />precedence: Party to Party, Mediation, and Legal Adjudication. This agreement can <br />be terminated by either party with (7) seven calendar day's written notice. The <br />Architect and his subcontractors shall be compensated for all work completed up to <br />the date of termination notice, including any reimbursable expenses incurred to the <br />date. Venue shall lie in Indian River County. <br />F. The Architect shall provide architectural services for the Project as described in this <br />Agreement in a manner consistent with locally accepted standards for professional <br />skill and care. The Architect, Architect's employees and Architect's consultants make <br />no representation or warranty that every and all conditions will be discovered. <br />G. EDB maintains Professional Liability insurance. In recognition of the relative risks, <br />rewards and benefits of the Project to both the Owner and EDB, the risks have been <br />allocated such that the Owner agrees, to the fullest extent permitted by law, to limit <br />the liability of EDB to the Owner for any and all claims, losses, costs, damages of any <br />nature whatsoever or claims expenses from any cause or causes, including attorney's <br />fees and costs and expert -witness fees and costs, so that the total aggregate limit of <br />EDB to the Owner shall not exceed $5,000.00, or EDB's total fee for services <br />rendered on this Project, whichever is greater. It is intended that this limitation apply <br />to any liability or cause of action for professional liability however alleged or arising <br />unless otherwise prohibited by the laws of the State of Florida. Please note: <br />According to Florida Statute 558.0035 an individual employee or agent may not be <br />held individually liable for negligence. <br />If you have any questions regarding this agreement, please call. Please initiate this agreement <br />and return o e copy to the architect to authorize commencement of the project. <br />�" <br />Sincerely, V <br />Date <br />John F. Bi le , A.I.A. Accepted <br />Architect Owner <br />Page 4 of 5 <br />