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<br />2.0 Late Payments
<br />2.1 A service charge will be charged at the rate of 1.5% (18% annual percentage rate) per month or
<br />the maximum allowable by law on the then outstanding balance of PAST DUE accounts. In the
<br />event any portion of an account remains unpaid 90 days after billing, the CLIENT shall pay all costs
<br />of collection, including reasonable attorney’s fees.
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<br />2.2 In the event that any portion of an account remains unpaid 30 days after billing, GROUNDED may,
<br />without waiving any claim or right against the CLIENT, and without liability whatsoever to the CLIENT,
<br />suspend or terminate the performance of all services.
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<br />3.0 Insurance
<br />3.1 GROUNDED shall secure and endeavor to maintain professional liability insurance, commercial
<br />general liability insurance to protect GROUNDED from claims for negligence, bodily, injury, death or
<br />property damage which may arise out of the performance of GROUNDED’s services under this
<br />Agreement, and from claims under the Worker’s Compensation Acts. GROUNDED shall, if requested
<br />in writing, issue certificate confirming such insurance to the CLIENT.
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<br />4.0 Indemnifications
<br />4.1 The CLIENT shall indemnify and hold harmless GROUNDED and all of its personnel, from and against
<br />any and all claims, damages, losses and expenses (including reasonable attorney’s fees) to the
<br />extent they are caused by the negligent act, error, or omissions by the CLIENT in performance of its
<br />services under this Agreement, subject to the provisions in the paragraph below on Limitations of
<br />Liability.
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<br />4.2 GROUNDED shall indemnify and hold harmless the CLIENT and its personnel from and against any
<br />and all claims, damages, losses, and expenses (including reasonable attorney’s fees) to the extent
<br />they are caused by the negligent act, error, or omissions by GROUNDED in performance of its
<br />services under this Agreement, subject to the provisions in the paragraph below on Limitations of
<br />Liability.
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<br />5.0 Limitations of Liability
<br />5.1 In recognition of the relative risks, rewards and benefits of the PROJECT to both the CLIENT and
<br />GROUNDED, the risks have been allocated such that the CLIENT agrees that, to the fullest extent
<br />permitted by law, GROUNDED’s total liability to the CLIENT for any and all injuries, claims, losses,
<br />expenses, damages or claim expenses rising out of this Agreement, from any cause or causes, shall
<br />not exceed the total sum paid on behalf of or to GROUNDED by its insurers in settlement or
<br />satisfaction of Owner’s claims under the Terms and Conditions of GROUNDED’s insurance policies
<br />applicable there to. Such causes include, but are not limited to, GROUNDED’s negligence, errors,
<br />omissions, strict liability, breach of contract or breach of warranty.
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<br />6.0 Reuse of Documents
<br />6.1 All documents including calculations, computer files, drawings, and specifications prepared by
<br />GROUNDED pursuant to this Agreement are instruments of professional service intended for the one-
<br />time use in construction of this PROJECT. They are and shall remain the property of GROUNDED. Any
<br />reuse without written approval or adaptation by GROUNDED is prohibited.
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<br />7.0 Opinion of Probable Construction Costs
<br />7.1 GROUNDED’s opinion of probable construction costs, if rendered as a service under this Agreement,
<br />is based on assumed labor costs and approximate quantities of material and equipment, and
<br />therefore is of a conditional character. GROUNDED cannot guarantee the cost of work to be
<br />performed by others since market or bidding conditions can changes at any time and changes in
<br />the scope or quality of the PROJECT may affect estimates.
<br />DocuSign Envelope ID: EB45939F-586E-4244-AF44-AD5DC5B50D01
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