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5 <br />STANDARD CONTRACT CONDITIONS <br />APPLICABLE LAWS <br />The laws of the State of North Carolina shad govern this proposal and work described by rt. <br />BILLING AND PAYMENT <br />CPI shall bil{ the Client as services are rendered and expenses incurred by this Contract. °Fixed <br />FeeN work shall be billed on a "percentage completion" basis, and other work shall be billed on an <br />"hourly" basis. All invoices are net 10 days. Any invoice that is not paid within 10 days shall be <br />considered pas# due and shall accrue interest, payable tv CPI, a# a rate of 18% annuaNy beginning from <br />the original invoice date. In the event any portion or aA of an account remains unpaid 45 days after the <br />invoice date, the Client shall pay costs of collection, including attorney's fees to the extent Mowed by <br />law, and CPI has all rights #a proceed with any legal adton deemed necessary to secure compensation <br />for the work performed. <br />STANDARD OF CARE <br />CPI shall perform project services using that degree of care and ski11 ordinartiy exercised under <br />similar conditions by reputable members of CPI's profession practicing in the same or sim~ar Iocakty. No <br />other warran#y or performance standard shah be appNcable regarding the quality of services provided by <br />CPI under this Contract. <br />ACCESS TO SITE <br />By executing this contract, Client hereby author¢es CPI, its employees, and consultants safe, <br />reasonable, and legal access to the site for activities necessary for pertormance of the work, <br />CLAIMS AND DISPUTES <br />In the event any claim or dispute arises from the performance of these services, and it cannot be <br />satisfactorily resolved between CPI and CNent, it shah then be subject to non-binding mediation by a <br />neutral #hird par#y, acceptable to both parties. In any even, the maximum total aggregate liability of CPI, <br />and CPI's officers, directors, shareholders, and employees, for any and as claims related to this project, <br />shall no# exceed CPI's fatal brings for the project less biNings paid by CPI's subcontractors or suppliers. <br />INDEMN{FICATION <br />The Client shalt indemnify and hold harmless CPI, CPI's personnel, and CPI's consultants from <br />and against any and aA claims, damages, losses and expenses (including reasonable attorney's fees) <br />arising out of or resulting from the performance of the services, provided that any such claim, damage, <br />loss or expense is caused in whole or in part by the negNgent ad, omission, and/or strict liability of the <br />Client, anyone directly or indirec:Ny employed by the Client (except CPI), or anyone for whose acts any of <br />them may be liable. <br />CONSTRUCTION COSTS <br />The Client recogn"rtes that CPI has no c:ontroi over market conditions, contractors' methods of <br />bidding, nor the cost of construction labor, equipment, or materials. Consequently, CPi makes no <br />warranty or other representation that bids or actual construction costs wilt not exceed any established <br />estimate or budget for the project, including any CPI estimate. Any work to redesign the project to k~nrer <br />construction witl be performed as supplemental work. <br />OCERCD Revised <br />February 1, 2~0 <br />Page 3 of 4 <br />