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<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
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<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
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<br /> `arr and/or these,Terms and Conditions remain unpaid and we are not able to resolve a.satisfactory arrangement for such
<br /> payment,
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<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
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