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..x................ . ; <br /> r ............ r <br /> rfr F, r..r.:.... .... v l °r'., ;� Civil Engine-e.rin;.g &Surveying For Greater gape tad <br /> -&-J*BL S <br /> 'I N' N <br /> r <br /> lit i��"`^''�' <br /> F i = <br /> t � '. F i i p'•S � <br /> �' •:� 4 Paymen <br /> `The mailing ,ad"dre-ssrfoi all-p,,a.mbnfs.i's as follows:Cape&Islands Engineering,Inc.,800 Falmouth Road,Suite 301C,Mashpee, <br /> 4.2:",,t.lri`oics for:s�:rvi�e shalje submitted on a monthly basis and/or upon the completion of services to be determined at <br /> :.� ...-r. •.,,•R„c,,........rra---•.."..dry- .�..r :: .;' <br /> ' <br /> w",..•,,,,"the-dis6t i:ori.of.-C-I:SAll,�uch'invoices shall be due and payable within 30 days of receipt. <br /> 4.3, Cl rese...rves tjle rigbt�to terminate or suspend its services at any time if our fees or charges set forth 1n the Proposal <br /> fr rr <br /> rF <br /> `arr and/or these,Terms and Conditions remain unpaid and we are not able to resolve a.satisfactory arrangement for such <br /> payment, <br /> aF . <br /> fF•??.r.Ile <br /> r 4.4. The Client acknowledges and agrees that any invoice not paid within the 30 days shall commence to bear an interest <br /> Y'N rrr r charge at the rate of 1%%per month(18%annum). <br /> 4.5. If a Client fails to pay an invoice as described above after 60 days,the Client will then be classified as a delinquent <br /> account,and all future services may be required to be paid in advance. <br /> 4.6. If a past due invoice must be forwarded to a collection.agent,the Client agrees to pay all costs and expenses associated <br /> with the collection action. <br /> 5. General Conditions <br /> 5.1. All services will be performed in a timely manner.It is agreed between all parties that Cl cannot be responsible for delays <br /> occasioned by factors beyond its control such as weather conditions,regulatory changes or legal interpretations by <br /> permitting authorities,nor by factors which could not have been foreseen at the time the agreement was prepared and <br /> executed, <br /> 5.2. Stamped and sealed plans and supporting documents shall be delivered to the Client as specified in the Proposal for <br /> Professional Services. All research,field notes,CAD drawings and worksheets remain the property of Cl. <br /> 5.3. All plans and documents prepared pursuant to this Agreement are instruments of service with respect to this project and <br /> are subject to copyright protection by Cl.They are not intended or represented to be suitable for reuse by the Client <br /> and/or other involved parties or on any other Project and shall not be reused,revised or otherwise altered without the <br /> express written consent of Cl.Any reuse without written consent or adaptation by Cl for the specific purposes intended <br /> will be at the Client's own risk and without liability❑r legal exposure to Cl;and.the Client,or whomever shall reuse said <br /> documents,shall indemnify and hold harmless Cl from all claims,damages,losses and expenses including attorney's fees <br /> arising out of or resulting there from. <br /> 5.4. Any such consent or adaptation of reuse.will entitle CI to additional compensation at rates to be agreed upon by Cl and <br /> the person or entity seeking to reuse said documents.This,section may be specifically enforced by any court or <br /> competent jurisdiction by CI which shall,in addition to injunctive relief,be entitled to recover damages,if any,arising <br /> from any breach of this Section,together with costs and reasonable attorney's fees in any action brought to enforce the <br /> provisions of this Section. <br /> 6. Damages <br /> 6.1. The Client acknowledges that CI is a corporation and agrees that any claim made by the Client arising out of any act or <br /> omission of any employee of CI in the performance of this agreement shall be made against the corporation and not <br /> against such employee.Any breach of this section shall entitle said employee of Cl to,in addition to all other relief,costs <br /> and reasonable attorney's fees, <br /> 6.2. Cl will•not be responsible for any acts,errors.or omissions of any architect,contractor,sub-contractor,consultant or other <br /> person or entity performing services on the project.Client agrees to indemnity and hold Cl harmless from all claims,damages, <br /> losses,and expenses(including attorney's fees)arising out of or resulting from any such acts,errors or omissions,In cases <br /> where new structures or additions are erected,CI will not be responsible for the horizontal or vertical position of such <br /> structures if Cl did not mark the comers of the structure on.the concrete footing(horizontal position)and/or set and clearly <br /> identify a bench mark for the foundation or floor elevation(vertical position). <br /> 800+FALM UTH ROAD.,MAsHPEE, MA 02-64+9 5:08 477 72-7'2 1 CAPEEN.&GOM <br />