CCP 06-29-1998 - Laserfiche WebLink

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Semce Agreement - Page 2 SECTION 7 - INSURANCE . AET carries Worker's Compensation, Property Damage and Professional Liability insurance. AET will r'urnis.b. certificates or insurance to Client upon request. SECTION 8 - DELAYS If AET work delays are caused by Gient, '/lork or others, mikes. natUral causes. wearher, or other items beyond AET' s cOntrol, a reasonable time extension for performance of work shall be granIed. and .-\ET shail receive an equitabie fee adjustment. SECTION 9 - PAYMENT, INTEREST AND BREACH 9. 1 - Invoices are due on receipt. Client will inform AET of invoice questions or disagreemenrs within is days of invoice date; unless so informed. invoices are deemed correct. 9.:: - Client agrees !O pay interest on unpaid invoice ba1an~ at a rare or J..5 % per mom.h~ or me :naximum allowed by taw. whichever is less. beginning 30 days aner invoic. dare. 9.3 - If any invoice remains unpaid for 60 days. such non-payment shail be a ;natet',a! breach or this agreement. As a resuit or' such material breach, A..ET may, a[ iLS SOle option. terminate all duties [0 the CJem or ather persons. without liabiliry. 9.4 ' Client will pay ail AET collection .xpenses and attorney fees relating to pas, due fees wirich me Ojem owes under this agreement. SECTION 10 - LmGATION REIMBURSEMENT Payment or' AET COSts for Client lawsuits agains, AET wbich are dismissed or are judged substantially in AET's favor will be the Cliem's responsibility. Applicable COstS include, but are nOt: limited ro. attorney llld expert wimess fees. court costs. and .-\ET COSts. SECTION 11 - ZVIUI'UAL INDEMNIFlCATION . \1. 1 - AET agrees to hold hm:mless and indenurify Client from and against liability wing OUt or .-\ET's negLigem penormanc. or" ::.he work. subject to any limitations. other indem.niiicarions or ower ~rovisions Cliem and AET have agreed to in writing. 11.2 - Client agrees to hold hm:mless and indenurify AET from and agains' liability wing our or Clienr's negligent conduct, subject to any limitations. other indemnifications or other provisions Ojent and AET Jave agreed to. 11.3 - If Cliem has indemnity agreement with other persons. the Client si1aIl include .-\..ET as a beneficiary. SECTION 12 . LIMITATION OF LIABILITY Client agrees to limi, .-\ET's liability to Clients wing from professional ac:s, errors or omissions. such that the total aggregate liability or AET shall not exceed 550.000. SECTION 13 - TERMINATION After 7 days wrinen notic., either pany ;nay .lec, to terminate work for justifiable reasons. In this event. the Client si1aIl pay for ail work performed, including demobilization and reponing costs to complete the Ole. SECTION 14-SEVERABITJTY .-\.oy provisions of this agreement later held to violate a law or regulation shail be deemed void. and ail remaining provisions shail continue in force. However, Client and .-\ET will in good faith anempl m replace an invalid or unenfo=:ilile provision with one mar. is valid and enforceable, and which comes as dose as possible to expressing tile inrent of the original. provision. SECTION t5 - ENTIRE AGREEMENT This agre.ment, including attached appendices. is me entire agreement between AET and Clienr. Tnis agceemem nullifies any previous wrinen or oral agreements, including purchase/work orders. Any modifications to this agre.mem mus' be in writing. . 02DPMOll(3/96) .-\.iy!ERICAN ENGINEERlNG TESTING, INC.