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2016-203-E AMS - SERVPRO of S. Durham & of OC for mold remediation in crawlspaces/living quarters in jail
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2016-203-E AMS - SERVPRO of S. Durham & of OC for mold remediation in crawlspaces/living quarters in jail
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Last modified
12/18/2018 9:41:55 AM
Creation date
4/11/2016 4:50:30 PM
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Contract
Date
3/16/2016
Contract Starting Date
3/4/2016
Contract Ending Date
3/31/2016
Contract Document Type
Contract
Amount
$12,056.28
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R 2016-203-E AMS - SERVPRO of S. Durham & of OC for mold remediation in crawlspaces and living quarters in jail
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\Board of County Commissioners\Contracts and Agreements\Contract Routing Sheets\Routing Sheets\2016
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DocuSign Envelope ID:A460572D-33FD-41D4-B642-30AC78EOA8CD <br /> PROVISION OF SERVICES AND DOES NOT PROVIDE FOR A SALE OF GOODS. <br /> 10. Limitation of Liability: IN NO EVENT SHALL PROVIDER,ITS OWNERS,ANY OFFICERS,DIRECTORS, <br /> EMPLOYEES,OR AGENTS,FRANCHISOR,OR AFFILIATES BE RESPONSIBLE FOR INDIRECT,SPECIAL,NOMINAL, <br /> INCIDENTAL,PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES,OR FOR ANY PENALTIES,REGARDLESS OF <br /> THE LEGAL OR EQUITABLE THEORY ASSERTED,INCLUDING CONTRACT,NEGLIGENCE,WARRANTY,STRICT <br /> LIABILITY,STATUTE OR OTHERWISE,EVEN IF IT HAD BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES <br /> OR THEY ARE FORESEEABLE;OR FOR CLAIMS BY A THIRD PARTY.THE MAXIMUM AGGREGATE LIABILITY <br /> SHALL NOT EXCEED THREE TIMES THE AMOUNT PAID BY CLIENT FOR THE SERVICES OR ACTUAL PROVEN <br /> DAMAGES,WHICHEVER IS LESS. IT IS EXPRESSLY AGREED THAT CLIENT'S REMEDY EXPRESSED HEREIN IS <br /> CLIENT'S EXCLUSIVE REMEDY. THE LIMITATIONS SET FORTH HEREIN SHALL APPLY EVEN IF ANY OTHER <br /> REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.Some states/countries do not allow the exclusion or <br /> limitation of incidental or consequential damages,so the above may not apply to you. <br /> 11. Should legal action be brought under the terms of this Contract or arise out of the performance of the <br /> Services,or should the matter be turned over for collection, Provider shall be entitled,to the fullest extent <br /> permitted under law,to reasonable legal fees and costs of collection,in addition to any other amounts owed <br /> by Client. Consent is hereby given for filing of mechanic's liens by Provider for the work described in this <br /> Contract on the property on which the work is performed if Provider is not paid. <br /> 12. Any claim by Client for faulty performance,for nonperformance or breach under this Contract for damages <br /> shall be made in writing to Provider within sixty(60)days after completion of Services. Failure to make such a <br /> written claim for any matter which could have been corrected by Provider shall be deemed a waiver by Client. <br /> NO ACTION,REGARDLESS OF FORM,RELATING TO THE SUBJECT MATTER OF THIS CONTRACT MAY BE <br /> BROUGHT MORE THAN ONE(1)YEAR AFTER THE CLAIMING PARTY KNEW OR SHOULD HAVE KNOWN OF THE <br /> CAUSE OF ACTION. <br /> 13. A failure of either party to exercise any right provided for herein shall not be deemed to be a waiver of any <br /> right hereunder. <br /> I <br /> 14. CLIENTAND PROVIDER EACH WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY WITH RESPECTTO ANY <br /> AND ALL CLAIMS OR CAUSES OF ACTION (INCLUDING COUNTERCLAIMS)RELATED TO OR ARISING OUT OF OR <br /> IN ANY WAY CONNECTED TO THIS CONTRACTAND AGREE THAT ANY CLAIM OR CAUSE OF ACTION WILL BE <br /> TRIED BY A COURT TRIAL WITHOUT A JURY. <br /> 15. If any provision of this Contract is found to be ineffective,unenforceable or illegal for any reason under <br /> present or future laws,such provision shall be fully severable,and this Contract shall be construed and <br /> enforced as if such provision never comprised a part of this Contract.The remaining provisions of this Contract <br /> shall remain in full force and effect and shall not be affected by the ineffective,unenforceable or illegal <br /> provision or by its severance from this Contract. <br /> 16. No modification,termination,or attempted waiver of this Contract shall be valid unless in writing and signed <br /> by the party against whom the same is sought to be enforced. <br /> CLIENT'S SIGNATURE FOR$12,056.28 <br /> I, (Client's Printed Name),have read this Contract to Do Work, <br /> acknowledge that this Contract includes a limitation of liability and limitations of remedies,and agree to the <br /> terms and conditions of this Contract. <br /> DATE <br /> Client's Signature <br /> SERVPRO AUTHORIZED SIGNATURE <br /> Brad Armstrong DATE Friday,March 04,2016 <br /> Brad Armstrong,Owner <br /> 3 of 3 Clients) Initials <br />
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