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