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expenses accumulated during that period. Note: Architect's Reimbursable Expenses are <br />listed in Article IX of this agreement. <br />C. Regular invoicing will be at two-week intervals. Payments due the Architect raider this <br />agreement shall bear interest at the rate of 1.5 percent per month commencing 30 days <br />atter the date of billing. 11'payntents due the Architect are not received within 45 days of <br />the date on (lie invoice, the Owner agrees to assume responsibility for the cost of all <br />required collection services, legal tees. mediation or court costs, incurred in the interest <br />of collecting these fees. <br />D. In the event of any delinquent or disputed invoices, the Owner agrees that the Architect <br />and his Professional Consultants may cease all ongoing efforts on the project until the <br />outstanding invoice is paid or legally adjudicated. <br />F. Disputes regarding this agreement shall be settled in the following order of precedence: <br />Party to Party, Mediation, and Legal Adjudication. This agreement can be terminated by <br />either party with (7) seven calendar day's written notice. The Architect and his <br />subcontractors shall be compensated for all work completed up to the date of termination <br />notice, including any reimbursable expenses incurred to the date. Venue shall lie in <br />Indian River County. <br />I-. The Architect shall provide architectural services for the Project as described in this <br />Agreement in a manner consistent %with locally accepted standards for processional skill <br />and care. The Architect, Architect's employees and Architect's consultants make no <br />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 the <br />liability of EDB to the Owner for any and all claims, losses, costs, damages of any nature <br />whatsoever or claims expenses from any cause or causes, including attorney's fees and <br />costs and expert -witness fees and costs. so that the total aggregate limit of EDB to the <br />Owner shall not exceed $5,000.00, or EDB's total tee for services rendered on this <br />Project, whichever is greater. It is intended that this limitation apply to any liability or <br />cause of action for professional liability however alleged or arising unless otherwise <br />prohibited by the laws of the State of Florida. Please note: According to Florida Statute <br />558.0035 an individual employee or agent may not be held individually liable torr <br />negligence. <br />If you have any questions regarding this agreement, please call. Please initiate this agreement <br />and return one copy to the architect to authorize commencement of the project. <br />Sincerely. <br />Date <br />John F. Binkley, A.I.A. <br />Architect Accepted <br />Owner <br />Page 4 of 5 <br />