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STANDARD TERMS AND CONDITIONS:
<br />In this agreement, the party who is contracting to receive services shall be referred to as the "Client", and
<br />the party who will be providing the services shall be referred to as "American Structurepoint, Inc.". The
<br />parties agree to the following:
<br />INDEMNIFICATION: The Client agrees to indemnify and hold American Structurepoint, Inc, harmless from
<br />and against any and all claims, losses, damages, expenses, fees (including attorney fees), costs, and
<br />judgments that result from the performance of the services, provided that any such claims, damage, Ioss or
<br />expense is caused in whole or in part by the negligent act or omission and/or strict liability of the Client,
<br />anyone directly or indirectly employed by the Client (except American Structurepoint, Inc.) or anyone for
<br />whose acts any of them may be Iiable.
<br />RISK ALLOCATION: In recognition of the relative risks, rewards and benefits of the project to both the
<br />Client and American Structurepoint, Inc., the risks have been allocated so that the Client agrees that, to the
<br />fullest extent permitted by law, American Structurepoint, Inc.'s total liability to the Client, for any and all
<br />injuries, claims, losses, expenses, damages or claim expenses arising out of this agreement, from any cause
<br />or causes, shall not exceed the amount of the fee collected. Such causes include, but are not limited to,
<br />American Structurepoint, Inc.'s negligence, errors, omissions, strict liability or breach of Agreement.
<br />INTENDED BENEFICIARIES: American Structurepoint, Inc.'s services are intended for the sole benefit of
<br />the Client and are not intended to create any rights or benefits for any other parties.
<br />BILLING / PAYMENT: Invoices for American Structurepoint, Inc.'s services shall be submitted, at American
<br />Structurepoint, Inc.'s option, either upon completion of such services or on a periodic basis. Invoices shall
<br />be due upon receipt and will be considered "past due" if not paid within thirty days and American
<br />Structurepoint, Inc. may, without waiving any claim or right against the Client, terminate services. Invoices
<br />that remain unpaid 30 days after the invoice date will be subject to a service charge of 1.5% per month on
<br />the then unpaid balance (18% annual percentage rate). In the event any portion of the account remains
<br />unpaid sixty days after billing, the account may be sent to collection and the Client shall pay the cost of
<br />collection, including reasonable attorney's fees. American Structurepoint, Inc. shall be entitled to
<br />reimbursable expenses including, but are not limited to; mileage, delivery charges, reproduction services,
<br />long distance phone charges, etc., and will be billed separately.
<br />ADDITIONAL SERVICES: Additional engineering services will be billed at the rates indicated below:
<br />Principal Investigator................................................................. $225.00/hr
<br />Senior Consultant.......................................................................$205.00/hr
<br />Senior Project Manager.............................................................$185.00/hr
<br />Project Manager.........................................................................$165.00/hr
<br />Project Engineer......................................................................... $145.00/hr
<br />Trial or Deposition Preparation & Testimony ........... 2.0 times hourly rate
<br />Mileage will be invoiced at the federal mileage rate at the time of the work incurred.
<br />REPRESENTATIONS AND WARRANTIES: No representations or warranties will be made concerning an
<br />existing property's present conformance with the applicable building code, or other codes and ordinances,
<br />unless otherwise indicated in this Agreement. American Structurepoint, Inc.'s work shall be performed in
<br />accordance with the local standard of care.
<br />SPECIFICATION OF MATERIALS: The Client understands and agrees that products or building materials
<br />that are permissible under current building codes and ordinances may, at some future date, be banned or
<br />limited in use because of presently unknown hazardous and/or defective characteristics. The Client agrees
<br />that if any product or material specified for this project by American Structurepoint, Inc. be suspected or
<br />discovered to be defective or a safety hazard, the Client shall waive all claims as a result thereof against
<br />American Structurepoint, Inc.
<br />VERIFICATION OF EXISTING CONDITIONS: Inasmuch as the remodeling and/or rehabilitation of an
<br />existing structure requires that certain assumptions be made regarding existing conditions, and because
<br />Page 3 of 4 Ver. 1/2017
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