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ENVIROSOI..UTIONLINCOIIPORA"I'IPJ)
<br />GENERAI.TERNIS ANII Co NI)rrl+I'IN'S
<br />1. SCOPE OF WORK
<br />EnviroSolutions, Incorporated (EnviroSolutions) shall perform the services defined in this contract and shall invoice the Client for those
<br />rates shown on the attached fee schedules. Any estimate of cost to the Client as stated in this contract shall not be considered as a fixed
<br />price, but only an estimate (unless otherwise specifically stated in this contract). EnviroSolutions will provide additional services under
<br />this contract as requested by the Client and invoice the Client for those additional services at the listed standard rates. The prices shown
<br />will be valid for- ninety (90) days unless otherwise stated in the proposal.
<br />H. RIGHT OF ENTRY
<br />The Client will provide for right of entry of EnviroSolutions personnel and all necessary equipment to the project site or sites, in order to
<br />complete the work, r r
<br />HL INVOICES
<br />EnviroSolutions will submit invoices to Client as final bill upon completion of services. Invoices will show charges as detailed on the
<br />crrckfised project corn i ntimate. Standard invoicing occurs at monthly intervals. Should the duration of the project exceed one month, the
<br />doll at arnouut invoiced will reflect the percentage of the scope of work completed. No work will be completed beyond the scope of work
<br />oudincd in the prplc~r~t proposal without as dloruratianr lh,un the chent. Any charge, aassoviatexl Milt work coanptleted beyond the scot. e of
<br />work outlined in the paanp(,vgal will he invoiecd ats a separate chaaj?,e, to the Client, accompanied by dmw ri mentaation of"Client appn)varl. I'ltete
<br />shall lie no retainafc, rmlc-ss otherivisc agrees] upm',)u in the connawt.. Payment is due within (35) days after the receipt of invoice and
<br />interest charges will wean thirty (30) days I"worn invoice date„ Any rctsimable attu, rney's fees, colkx'fion ices or other costs incurred in
<br />collw'ing any non -disputed delinquent amount shall be paid by Clierat. The Client agrees to pay EnvrrtaSolutions for its services in
<br />accordance with the above agreement, regardless of whether or not he has been paid by his Client,
<br />1V. OWNERSHIP OF DOCUMENTS
<br />All reports, boring logs, field clatat,, field notes, labomtory test data, c alculations, estimates and other documents prepared by
<br />EnviroSolutions, as instruments of service, shall remain the property of EnvirtSolutions.
<br />Client agrees that all reports and other work furnished to the Client or his agents, which are not paid for, will be returned upon demand and
<br />will not be used by the Client for any purpose whatsoever. EnviroSolutions will retain all pertinent records relating to the services
<br />prctlorrraW lin to period of five years following submission of the report, during which period the records will be made available to the
<br />Clicrnl rut all r+.apsonable times.
<br />V. DISPUTES
<br />In the event that a dispute should arise relating to the performance of the services to be provided under this Agreement, and should that
<br />dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the
<br />claim, including staff time, court costs, attorneys fees and other claim related expenses.
<br />VI. STANDARD OF CARE
<br />Services performed by EnviroSolutions under this Agreement will be conducted in a manner consistent with that level of care and skill
<br />ordinarily exercised by members of the profession currently practicing under similar conditions. No other warranty, express or implied, is
<br />rraade„
<br />VI1. TERMINATION
<br />I Iris Agreement may be terminated by either party upon seven (7) days wtolten notice in the event ail' substantial failure by the other pa ity
<br />to perl%rtrn in:acca'onlance with the terms herein. Such termination shall not be ellrcw five if that sulaslantial failure has been renteulacd before
<br />expiration of the period specified in the written notice. in the event of termination, EnviroSolutions shall be paid for services performed to
<br />the termination date plus reasonable expenses to demobilize.
<br />In the event of termination, or suspension for more than three (3) months, prior to completion of all reports contemplated by this
<br />Agreement, EnviroSolutions may complete such analysis and records as are necessary to completc at report on the services lata°fonued to
<br />date of notice of termination or suspension. The expenses of termination or suspension shall include all chrco costs in
<br />completing such analysis, records and reports.
<br />Vlll. ASSIGNS
<br />Neither the Client nor EnviroSolutions may delegate, assign, sublet or transfer its duties or interest in this Agreement without the written
<br />consent of the other party. Furthermore, this agreement contains each and every agreearnant and uuulerstrnttding between the parties relating
<br />to its subject matter. It may not be altered or amended except in writing and signed by I'ra'rththe Client and EnviruSolul ions.
<br />iX. CONFLICTS
<br />Should any element of the Terns and Conditions be deemed in conflict with any element of the contract referenced above, unless the
<br />contract clearly Voids the conflicting element in the Terms and Conditions, wording of the Tentrs and Condiuons shall govern. Any
<br />clerncnt oI this' argrecinent Inter held to violate a law orregulation shall be deeuued void, but all rcunaining provisions shall continue in
<br />liar°ce.
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