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Proposal No . P-06- 11 -3037 Attachment B
<br /> GENERAL CONDITIONS
<br /> "Dunkelberger Engineering & Testing, Inc. (DET) and Client Agreement"
<br /> 1. Payment Terms: Invoices are due and payable +-lay=a �0 - a •- P f a ate' be
<br /> assessed a finance charge of one percent per month, or fraction thereof, for eachh in th-LeywT di 66CO a3� ys past due.
<br /> Invoices not paid within 60 days will result in DET sto in sue invoices rendered are paid in full.
<br /> Invoices not paid within 90 days of the wt be referred for collection. Client will be responsible for all
<br /> expenses incurre a collection of any unpaid invoice, including the actual attorneys' fees and costs
<br /> :gsZ2. Insurance: DET maintains Workers' Compensation and Employer's Liability Insurance in conformance with
<br /> applicable state law. In addition, DET maintains Professional Liability Insurance with a $2,000,000 limit, as well as
<br /> Comprehensive General Liability Insurance and Automobile Liability Insurance with bodily injury and property
<br /> damage combined limits of $2,500,000/$2,500,000. A certificate of insurance can be supplied evidencing such
<br /> coverage, upon request.
<br /> 3. Access to Site: Client will arrange and provide such access to the site as is necessary for DET to perform the work.
<br /> DET shall take reasonable measures and precautions to minimize damage to the site and any improvements located
<br /> thereon as the result of its work or the use of its equipment; however, DET has not included in its fee the cost of
<br /> restoration of damage which may occur. If Client desires or requires DET to restore the site to its former condition,
<br /> upon written request DET will perform such additional work as is necessary to do so and Client agrees to pay to DET
<br /> the cost thereof.
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<br /> 4. Damage to existing man-made objects: Unless DET has assumed in writing the responsibility of locating subsurface
<br /> or latent conditionsSSSS1111Client agrees to indemnify and save DET harmless from all claims, suits, losses, costs and
<br /> expenses, including reasonable attorneys' fees as a result of personal injury, death or property damage occurring with
<br /> respect to DET' s performance of its work and arising from subsurface or latent conditions or damage to subsurface or
<br /> latent objects, structures, lines or conduits where the actual or potential presence and location thereof was not revealed
<br /> to DET by Client.
<br /> 5a. Warranty: DET's services will be performed, its findings obtained, and its reports prepared in accordance with its
<br /> proposal, Client's acceptance thereof, these General Conditions, and with generally accepted principles and practices.
<br /> In performing its professional services, DET will use that degree of care and skill ordinarily exercised under similar
<br /> circumstances by members of its profession. This warranty is in lieu of all other warranties or representations, either
<br /> expressed or implied.
<br /> 5b. Risk AdlosatiotM Slwuld DST or any obits professiena] ernployseebs fouad to have base negligent iath e g
<br /> fof professional services or work or to have made and breached any expressed or implied -presentation or
<br /> contract, Client, all parties claiming through Client, and all parties E ave in any way relied upon DET's
<br /> services or work agree that the maximum aggre ateeet of a 1ff( iability of DET, its officers, employees, and agents
<br /> shall be limited to $50,000 or th t of the fee paid to DET for its work performed with respect to the project,
<br /> whichever eater. Client expressly agrees that it has received consideration for this agreement to limit
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<br /> liability to $500,000 or the amount of DET's fee, whichever is the gwatP by ag eingt6pay ET a sum equivalent to
<br /> an additional amount of 5% Qf the totaLf w,,-er$ 0( w c eu tl�` r is greater. This charge is not to be construed as being a
<br /> 6. Indemnity: Subject to the above limitations, DET agrees to indemnify and hold Client harmless from and against any
<br /> and all claims, suits, costs and expenses including reasonable attorney's fees and court costs arising out of DET's
<br /> negligence to the extent of DET' s negligence. Client shall provide the same protection to the extent of its negligence.
<br /> In the event that Client shall bring any suit or claim against DET, the Client shall pay to DET the costs and expenses
<br /> incurred by DET to answer and defend it, including reasonable attorneys' fees and court costs, to the extent that DET
<br /> shall prevail in such suit.
<br /> 7. Governing Law: This agreement shall be governed in all respects by the laws of the State of Florida.
<br /> DET101(A v: 9/05)
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