|
CMTA
<br />Building Science Leadership
<br />as a waiver of CMTA 's contractual right to suspend service for nonpayment. In
<br />the event of nonpayment of fees, CLI ENT will be responsible for all costs, including,
<br />without limitation, court costs, collection costs, reasonable attorneys' fees, expert
<br />fees, and all other costs allowed by law, which may be incurred by CMTA in pursuit
<br />of payment.
<br />Taxes. There shall be added to the charges under this Agreement, and CLIENT
<br />shall pay to CMTA, an amount equal to any taxes, levies and duties, however
<br />designated or levied, based upon such charges, this Agreement, the services or
<br />materials provided, or their use, including, without limitation, state and local sales
<br />and use taxes, which are paid by or are payable by CMTA , plus interest and
<br />penalties, if any, exclusive, however, of United States federal, state or local taxes
<br />based on the net income of CMTA . Notwithstanding the preceding sentences,
<br />CMTA accepts full and exclusive liability for the payment of all employer
<br />contributions and taxes measured by the remuneration paid to CMTA employees
<br />as required by all applicable United States federal, state and local laws, rules and
<br />regulations.
<br />Waiver: No waiver by either party of any breach, default, or violation of any term,
<br />warranty, representation, agreement, covenant, condition, or provision hereof shall
<br />constitute a waiver of any subsequent breach, default, or violation of the same or
<br />any other term, warranty, representation, agreement, covenant, condition, or
<br />provision hereof. All waivers must be in writing and signed by the party against
<br />whom enforcement of the waiver is sought. All remedies are cumulative, and the
<br />election to pursue less than all remedies shall not be a waiver of the right to pursue
<br />any other remedy.
<br />Force Majeure: Obligations of either party under this Agreement shall be
<br />suspended, and such party shall not be liable for damages or other remedies while
<br />such party is prevented from complying herewith, in whole or in part, due to
<br />contingencies beyond its reasonable control, including, but not limited to, strikes,
<br />riots, war, fire, acts of God, injunction, compliance with any law, regulation, or
<br />order, whether valid or invalid, of the United States of America or any other
<br />governmental body or any instrumentality thereof, whether now existing or
<br />hereafter created, inability to secure materials or obtain necessary permits,
<br />provided, however, the party so prevented from complying with its obligations
<br />hereunder shall promptly notify the other party thereof.
<br />Compliance with Law: In the performance of all services to be provided
<br />hereunder, CMTA agrees to comply with all applicable federal, state, and local
<br />laws and ordinances and all lawful order, rules, and regulations of any constituted
<br />authority.
<br />CMTA Maitland Office
<br />600 South Maitland Avenue i Maitland, FL 132751
<br />MEP Engineering I Performance Contracting I Zero Energy Engineering Technology I COMM!
<br />
|