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EETALLENTINE & RILEY SURVEYORS, P.A.
<br /> TERMS AND CONDITIONS
<br /> Ballentine & Riley Surveyors, P.A. hereinafter called the Firm, will perform the services
<br /> outlined in this agreement for the stated fee.
<br /> Access to Site: Unless otherwise stated, the Firm will have access to the site for activities
<br /> necessary for the performance of the services. The firm will take precautions to minimize
<br /> damage due to theses activities, but have not included in the fee the cost of restoration of any
<br /> resulting damage.
<br /> Fee: The total fee, unless otherwise stated, shall be understood to be an estimate, and shall
<br /> not be exceeded by more than twenty percent without written approval of the Client. Where the
<br /> fee arrangement is to be on an hour'ly basis, the rates shall be those that prevail at the time
<br /> services are rendered. Current rates are as follows:
<br /> Principal Registered Land Surveyor $65.00 Registered Land Surveyor 11 $60.00
<br /> 4-man Survey Crew $90.00 CADD Operator 11 $50.00
<br /> 3-man Survey Crew $80.00 Survey Technician $35.00
<br /> 2-man Survey Crew $70.00 Clerical $30.00
<br /> Billings/Payments: Invoices for the Firm's services shall be submitted, at the Firm's option,
<br /> either upon completion of such services or on a monthly basis. Invoices shall be payable within
<br /> 20 days after the invoice date; a 2% discount may be applied to invoices paid within ten days
<br /> from date of invoice. If the invoice is not paid within 30 days, the Firm may, without waiving
<br /> any claim or right against the Client, and without liability whatsoever to the Client, terminate
<br /> the performance of the service. Retainers shall be credited on the final invoice.
<br /> Late Payments: Accounts unpaid 30 days after the invoice date may be subject to a monthly
<br /> service charge of 1.5% on the then unpaid balance (18.0% true annual rate), at the sole election
<br /> of the Finn. In the event any portion or all of an account remains unpaid 60 days after billing,
<br /> the Client shall pay all costs of collection, including reasonable attorney's fees.
<br /> Indemnification: The Client shall indemnify and hold harmless the Firm and all of its personnel
<br /> �fror; a t' any and all claims, damages, losses and expenses (including reasonable
<br /> attorney's fees) arising out of or resulting from the performance of the services, provided that
<br /> any such claim, damage, loss or expense is caused in whole or in part by the negligent act,
<br /> omission, and/or strict liability of the Client, anyone directly or indirectly employed by the
<br /> Client (except the Firm), or anyone for whose acts any of.them may be liable. Claims and
<br /> disputes shall be subject to non-binding mediation as defined under Article 7 of AIA Document
<br /> B141.
<br /> Risk Allocation: In recognition o e relative risks, rewar�ds and benefits of;he_proj`ect to both
<br /> he Client and the Firm, the i s have been alloc ed"such that the Cliedt agrees that, tp-the
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<br /> est extent permitted . aw, the Firm's total liability to the Cl' for any and a�l �uries,
<br /> claims, losses, ex es, damages or clai expenses arising our o this agreerrip"t from any
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<br /> :It Termination of Services: This agreement may be terminated by the Client or the Firm should
<br /> the other fall to perform its obligation hereunder. In the event of termination, the Client shall
<br /> of pay the Firm for all services rendered to the date of termination, all reimbursable expenses, and
<br /> reimbursable termination expenses,
<br /> Construction Costs: Responsibility for construction costs will be in accordance with Article
<br /> 5 of AIA Document B141.
<br /> Ownership Documents: All documents produced by the Firm under this agreement shall remain
<br /> the property of the Firm and may not be used by the Client for any other endeavor without the
<br /> written consent of the Firm.
<br /> Applicable Laws: Unless otherwise specified, this agreement shall be governed by the laws of
<br /> the State of North Carolina.
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