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DocuSign Envelope ID: FF970415-DFD4-471E-A810-EC458D56AC5E <br /> ATTACHMENT No. 3-STANDARD CONTRACT CONDITIONS <br /> CONTRACT <br /> The document to which these conditions are attached, along with the other attachments thereto, constitute <br /> the full and complete Agreement between the Owner and Engineer for the work described. This <br /> Agreement may be changed, amended, superseded, truncated, or expanded by specific written agreement <br /> of both parties. The provisions of this Agreement shall govern in the case of any inconsistency or conflict <br /> with any other document or directive. <br /> APPLICABLE LAWS <br /> This Agreement and the work covered by it shall be governed by the laws of the State of North Carolina. <br /> ASSIGNMENT <br /> Neither Engineer nor Client may assign or transfer any rights under or interest in this Agreement without <br /> the written consent of the other. <br /> LIMITATION OF CONTRACT RELATIONSHIP <br /> This Agreement and any work produced or services provided under it, does not have or create any third <br /> party beneficiaries; shall not constitute or create any contractual relationship between Engineer and any <br /> other party except Client; shall not create any cause of action or right of claim against Engineer by any <br /> third party; and shall not create any fiduciary duty by Engineer to any party. <br /> BILLING AND PAYMENT <br /> Engineer shall bill Client approximately monthly for services rendered and expenses incurred under this <br /> Agreement. Client shall promptly make payment to Engineer. Any objection to an invoice shall be made by <br /> Client within 14 calendar days of the invoice date; otherwise Client waives any right to objection. Invoiced <br /> amounts not paid within 30 days shall be considered past due and shall accrue interest, payable to <br /> Engineer, at a rate of 18% annually beginning from the original invoice date. In the event any portion or all <br /> of an account remains unpaid 60 days after the invoice date, Client shall be liable for all costs of collection, <br /> including attorney's fees to the extent allowed by law. <br /> STANDARD OF CARE <br /> Engineer shall perform services using the customary degree of care, skill, and diligence ordinarily <br /> exercised by reputable members of the engineering profession practicing under similar circumstances in a <br /> similar locality. No other warranty or performance standard shall apply to the services or documents <br /> provided by Engineer under this Agreement. <br /> PROJECT SUCCESS <br /> Engineer makes no warranty or guarantee that the services provided under this Agreement will result in <br /> any particular Project outcome, including receipt of necessary permits from regulatory agencies, <br /> satisfactory permit conditions, timeliness of permits and approvals, realization of Project objectives, <br /> economic viability, or other measure of success. <br /> ACCESS TO SITE <br /> Client has the authority to grant, and hereby does grant, Engineer and Engineer's employees and <br /> consultants, legal and unrestricted access to the Project site for activities necessary for performance of the <br /> work under this Agreement. <br /> CLIENT-FURNISHED ITEMS <br /> Client shall provide in a timely manner any surveys, studies, program requirements, design criteria, <br /> decisions, or other information reasonably necessary for Engineer to execute the work under this <br /> Agreement. <br /> RELIANCE <br /> For the performance of Engineer's work under this Agreement Engineer shall be entitled to use, and to rely <br /> on the accuracy and completeness of, any information provided by Client, any information provided by <br /> 6 <br />