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DocuSign Envelope ID: EA4A52EC-DFE4-44E3-82C4-14BAEDEA198D <br /> 6) SUCCESSORS OR ASSIGNS <br /> The client and BDG each binds themselves, successors, assigns, or legal <br /> representatives to all covenants of this agreement. Neither party may assign, <br /> sublet, or transfer his interest in the agreement without the written consent of <br /> the other. <br /> 7) HAZARDOUS MATERIALS <br /> The Engineer and Engineer's consultants shall have no authority for the <br /> identification, discovery, presence, handling, removal or disposal of, or <br /> exposure of persons to, hazardous materials in any form on the project. <br /> 8) COLLECTION <br /> In the event BDG employs an attorney to collect money owed under this <br /> contract, the Client agrees to pay reasonable attorney's fees not exceeding the <br /> sum equal to twenty-five percent (25%) of the outstanding balance owing at <br /> that time. In addition, BDG is entitled to other reasonable expenses incurred <br /> by BDG in connection with the collection of this account. <br /> 9) PROFESSIONAL LIABILITY <br /> BDG shall not remain liable for damages as a result of our negligent acts, <br /> errors or omissions beyond the final invoiced amount or twenty-five thousand <br /> dollars ($25,000), whichever is greater. <br /> 10) TERMINATION, SUSPENSION, OR ABANDONMENT <br /> Termination: This agreement may be terminated by either party upon thirty <br /> days written notice to the other party and all outstanding balances will be <br /> considered due immediately. <br /> Suspension: If the project is suspended or delayed for more than three (3) <br /> months, in whole or in part, BDG shall be paid its compensation for services <br /> performed prior to receipt of written notice of such suspension. If the project is <br /> again resumed after this suspension, compensation shall be subject to re- <br /> negotiation. <br /> Abandonment: If the project is abandoned, in whole or in part, them BDG <br /> shall be paid its compensation for services performed prior to written notice of <br /> such abandonment. <br /> Compensation: In the event of termination, suspension or abandonment, <br /> hours-incurred by BDG and its consultants shall be billed at an hourly rate <br /> against the retainer (see Rate Schedule) plus reimbursable expenses. <br /> 3305-109 Durham Drive, Raleigh, NC. 27603. Tel: (919) 771-1916 <br />