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<br /> U!/LJ/LUUJ lU. UU J"'11 JJUl UlU LIYV 11\UIYI'IIYIL JULV IIYJ ~HVG UU <br /> i ' <br /> ' bttt will not be responsible for the interpretation of use of its reports by third parties, without prior written <br /> ~ ~ approval by Environmental Solutions LLC attd the Client. The Client shall indemnify, defend, and hold <br /> harmless Environmental Solutions LLC a~ad its subwnsultants from arty claims, damages, costs, losses and <br /> eaq~enses, including but npt limited to atior~aey fees and ousts on arbitration, trial or appeal arisiu~g out of third <br /> party use of Environmental Solutions' reports. <br /> 7. PAYMENTS 'I'O CONS,~,`ANT <br /> Invoices are subtttitted on the Z l'` of the ;month. An account will become delinquent tb~irty days oiler date of <br /> billing. It is agroed that a late charge will be added to accounts that arc over thirty days delinquent, at the rate <br /> of one-and~one-ballpercent (1 '/i%) for each thirty days delinqua~at (provided the rate of such late charge shall <br /> not exaced the maximum allowable by the laws of the state in which our office submitting the invoice is <br /> locatod). _ <br /> 8. QTHER PRO IO1~15 <br /> Neither party shall hold the other responsible for delay in performance caused by acts of God, strikes, <br /> lockouts, weather, accidegts, or other events beyond the control of rite other or the other's employees and <br /> agents. <br /> One of more waivers by either parry of any provision, term, coaNdition, or oavertartt, shall not be construed by <br /> the other party as a waiver of a subsequent breach of the same by the other party by providing writte:t notice. <br /> Itt the event that there is a dispute between, ,F.nv;mnn?ental Solutions LLC and the Client concerning the <br /> performattot: of arty provision in thic agreement, the locitlg party shall pay the prevailing party reasonable <br /> attorney' S fees and costs on trial or appeal. In addition, th~c Client agrees to pay Environ»ental SolutionsLLC <br /> for all employee tithe, costs, and witness oasts incurred for collection activity. <br /> 'X'Itis agroemerit can be terminated at any time by either patty. <br /> 9. STANDARD OF CARE <br /> Environmental Solutions LLCa' cervices are conducted iii a rttartrter consistent with that level of c~[e and skill <br /> ordinarily exerpsod by raentberti of the profession practicing in a sinular geographical area under similar <br /> wndidons. This standard of care shall be dvrerntined as of the time Environmental Solutions LLC performs <br /> its setvioec and trot as of any other tires. No other warranty, expt~ess or implied, is rnado- F.nvironmegtal <br /> Solutions LLC interpretations and recommendations will be based solely on information which is made <br /> available to F,nvironn,ental Solutions LLCby the Client or by the results of other intvestigations perforated by <br /> ErrvlronnientalSolutionsL,LC. Hyenteringintothisagrcenteat,E?rviogmental5olutionsLLCrzpresentathax <br /> all personnel to be assigned to perform the work describefl in this project are fully qualified to perform the <br /> work tD which they ate assigned itt a oontpetent and professional manner. Environmental Solutions LLCs' <br /> professional services shall irtcorpotate and corttply with those federal, state, and local laws, regulations, codes, <br /> and. stat~,iards thai are applicable at the time Environmental Solutions LLC readers its services. <br /> Rev. 4/03 Page 2 of 2 <br /> <br />