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05-08-23-R
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05-08-23-R
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March 9, 2023 Northern Dewatering, Inc. 4 <br />any such matter to the extent that NDI is found to be negligent or at fault with the <br />exception of the terms noted below. Customer agrees to defend, indemnify and hold <br />NDI harmless from and against any and all causes of action, claims and suits and to <br />indemnify and reimburse NDI for court costs and reasonable attorney fees associated <br />with the defense of any such matter, including (a) those instances that the Customer <br />is found to be negligent or at fault in whole or in part; (b) any alleged damages to <br />property resulting from NDI's participation in the project, including but not limited to <br />alleged subsidence and settling or alleged damaged to private and public wells; and <br />(c) events concerning the presence of any contaminated, hazardous or toxic matter <br />located or found on or near the project. In regards to item (c) Customer further <br />agrees to assume all costs that may be associated with the handling and disposal of <br />any contaminated, hazardous or toxic matter encountered during the course of the <br />project. This indemnification applies to claims asserted by third parties, including <br />private and governmental agencies, boards, and authorities. <br />5. PAYMENT: Terms of payment are net thirty days from invoice date. A monthly <br />service charge of 1.5%, or the maximum rate allowed by state law if less than 1.5%, <br />is levied on all invoices not paid within thirty days. Absolutely no retainage of any <br />kind may be withheld from payment unless authorized in writing by NDI. In the <br />event the Payment Terms of this Agreement are broken Customer authorizes NDI to <br />contact the property owner and/or general contractor or any other higher tier party, <br />lender or bonding party on the Project and arrange for joint checks or direct checks to <br />be written for unpaid job related invoices. <br />6. BREACH OF CONTRACT: If any of the terms or conditions of this Contract are <br />broken and if NDI provides written notice (by fax, mail, hand delivery or overnight <br />service), specifying corrective action that must be taken and if such corrective action <br />is not taken within three business days, then NDI has the right to enter the job site <br />and, upon presentation of this contract (copy or original) and take possession of the <br />Equipment. Unless otherwise provided in the Scope of Work, Customer agrees to <br />assist with the loading of the Equipment and agrees to reimburse NDI for any costs <br />associated with having to hire third parties to accomplish this task. <br />7. VENUE: Both parties agree that venue for any legal action that may be required <br />under this Contract shall be in the County or Circuit Court of Hennepin County, <br />Minnesota, USA. <br />8. The quantity of pumps, equipment, fittings, pipe, hoses, etc. is estimated and may be <br />changed due to unforeseen or changing job conditions. <br />9. Customer assumes all risk of loss due to operation and use of the Equipment. <br />10. Customer is responsible for compliance with all local, state and federal laws and <br />safety regulations. Adequate protection of the work site from caving, collapsing and <br />any other construction hazard. <br />11. Customer is responsible for all Equipment, repairs, maintenance and damage to the <br />Equipment, excluding normal wear and tear. Equipment not returned due to loss or <br />destruction not caused by NDI, or returned damaged beyond repair will be billed to <br />the Customer at current list sale prices, less a discount allowance for usage. Should <br />the Equipment require service, call the location that furnished the Equipment and <br />report the problem to arrange for service. If it is after normal business hours, call the <br />toll free 24-hour hotline at 1-763-428-2616. Customer will need to have the serial <br />14405 NorOdale Blvd-• Ri)gers, MN 55374 ,wo;raso,w <br />(70 420-2616* FAX (76N 42$-2071 •www-northerndewatering.com q <br />
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