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<br /> TERMS AND CONDITIONS
<br /> Ballentine & Riley Surveyors hereinafter called the Firm, will perform the services outlined in
<br /> 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 hourly basks, the rates shall be those that prevail at the time
<br /> services are rendered. Current rates are as follows:
<br /> Registered Land Surveyor II $60.00 4-man Survey Crew $85.00
<br /> CADD Operator II $4.5.00 3-man Survey Crew $75.00
<br /> Survey Technician $30.00 2-man Survey Crew $65.00
<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 Firm. 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 reasonabl attorney's fees.
<br /> _._ Izndemnificatitre The Client shall indemnify and hold harmlesst he Firm and all of its personnel •
<br /> - from and against any and all claims, damages, losses and expenses (including reasonable
<br /> attorney's tees) arising out of or resulting frcm 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, andi 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 he subject to non-binding mediation as defined under Article 7 of AIA Document
<br /> B141.
<br /> Risk Allocation: In rec.g'ion of the r•,ative risks rewards and ••nefits of the •-oject to both
<br /> the Client and the F' A , the risks 1 :Ye been al cated such th. the Client a_• es that, to th
<br /> l'n • fullest extent pen itted by law, t• Firm's tos of liability to • e Client for . y and all injures,
<br /> claims, loss '.,; expenses, da• .ages or e'.e....r. expenses arl 'ng out of this agreement fro i any
<br /> cause o auses, shall no exceed cur 'ec, listed on r terse of this - _reement. .Su n causes
<br /> incl •e, but are not li •' ed to, the -'inn's negligencs, errors, omiss'ans, strict liab; rty, breach
<br /> o contract or breac•. of.warrant .
<br /> Termination of Services: This agreement may he terminated by the Client or the Firm should
<br /> the ocher fail to perform its obligation hereunder. In the event of termination, the Client shall
<br /> 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 Finn:
<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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