2024-173-E-Housing Dept-The EI Group-Certified EPA-NC HHCU approved LRRP initial and refresher training

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The EI Group, Inc. • 800.717.3472 • www.ei1.com Standard Terms and Conditions The proposal submitted by The EI Group (“EI”), a North Carolina corporation, ("CONSULTANT") to the CLIENT is subject to the following terms and conditions. By accepting any of the services offered in this proposal, the CLIENT agrees to be bound by the following terms and conditions with respect to all work performed by EI or its subconsultants: 1. Billing and Payment: CLIENT will pay CONSULTANT for all of its services based on invoices submitted to CLIENT. CLIENT recognizes that timely payment is a material part of this Agreement. Each invoice is due and payable within thirty (30) calendar days of the date of the invoice. CLIENT will pay an additional charge of one and one-half percent (18% annually) per month not to exceed the maximum rate allowed by law for any payment received by CONSULTANT more than thirty (30) calendar days from the date of the invoice. If CLIENT disputes any part of an invoice, CLIENT will notify CONSULTANT in writing of such dispute within thirty (30) days of the date of such invoice. If CLIENT fails to notify CONSULTANT as required above, CLIENT waives any and all claims, rights and defenses related to the work covered by such invoices. 2. Standard of Care: CONSULTANT provides no express or implied warranties or guarantees of any kind. CONSULTANT only agrees that it will perform the Services in accordance with the standard of care and diligence normally practiced by consulting firms performing services of a similar nature in the same locale. 3. Limitation of Liability: CLIENT agrees that CONSULTANT’s liability for any claims that may be asserted by CLIENT is limited to $25,000 or to the fee paid to CONSULTANT under this Agreement, whichever is greater. Both CLIENT and CONSULTANT hereby waive any right to pursue a claim for consequential damages, including any claims for lost profits against one another. 4. Notification of Breach or Delay: CLIENT shall provide prompt written notice to CONSULTANT if CLIENT becomes aware of any fault, defect or delay in the CONSULTANT’s work or the work of any subcontractor or subconsultant, including any error, omission or inconsistency in such work or any alleged breach of contract by CONSULTANT. The failure of CLIENT to provide such written notice within five (5) business days from the time CLIENT became aware of, or should have become aware of, the fault, defect, error, omission, inconsistency or breach, shall constitute a waiver by CLIENT of any and all claims against CONSULTANT arising out of such fault, defect, delay, error, omission, inconsistency or breach. 5. Project Site: Should CLIENT not be owner of the project site, then CLIENT agrees to notify the Owner(s) of the potential for unavoidable alteration of Owner’s property and to indemnify and defend CONSULTANT against any claims by the Owner or persons having possession of the site through the Owner which are related to such alteration or damage. 6. Documents and Records: The CLIENT will furnish or cause to be furnished to the CONSULTANT such reports, data, studies, plans, specifications, documents and other information deemed necessary by the CONSULTANT for proper performance of the CONSULTANT's services. CONSULTANT assumes no responsibility or liability for the accuracy of such documents. Any use or reuse of the Records beyond the express purpose for which they were created without CONSULTANT’s written authorization will be at CLIENT’s sole risk, and CLIENT shall indemnify, defend and hold harmless CONSULTANT against any and all claims, lawsuits, damages, expenses, penalties, fines, costs or other liabilities arising out of or resulting from such use. 7. Opinion of Cost: CONSULTANT cannot and does not guarantee the proposals, bids or actual costs will not vary significantly from opinions of probable cost prepared by it. If at any time CLIENT wishes greater assurances as to the amount of any cost, CLIENT shall employ an independent cost estimator to make such determination. 8. Change Orders: CONSULTANT will treat as a change order any written or oral order (including directions, instructions, interpretations or determinations) from CLIENT which request changes in the Services. CONSULTANT will give CLIENT written notice within ten (10) days of the change order of any resulting increase in fee. Unless CLIENT objects in writing within five (5) days, the change order becomes a part of this Agreement. DocuSign Envelope ID: 437AC891-1630-4C22-8920-E7036A47B583