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• This service is provided for the sum of$included For service only and to be paid at signing. Repairs and pumping charges will be billed to responsible party/homeowner. 5. Warranty: • Service provider limits warranty to services performed by service provider. 6. Limitation of liability: • The sole liability of service provider under this agreement shall be limited to correction of errors,malfunctions,or defects in the system directly caused by service provider's failure to perform any service in a good and workmanlike manner pursuant to section 5 above. However,in no event shall service provider's liability to the customer hereunder exceed the total`6f the amounts paid to service provider hereunder by the customier.In no event shall service provider be limns to the customer or any other third party claimant for any indirect, speilat punitive,consequential or incidental damages or lost profits arising out of or related to this agreement or"the performance or breath thereof,weather based upon a claim or action of contract,warranty,negligence or strict liability,breach of any statutory duty, indemnity,or contribution or otherwise,even if service provider has been advised of the possibility of such damages. .7. Termination and or cancellation: • This agreement may be cancelled upon written notice by one party effective as of the effective date thereof if the other party is in default of any provision of this agreement and such default is not cured by the defaulting party within thirty(30)days after the effective date of said notice from the non-defaulting party or by the mutual written agreement of both parties. - 8: Access to-the property: • The customer understands and agrees that trucks and equipment require access to the { property to service the onsite wastewater treatment system.The service provider will not be held responsible for the driveway or any surface behind the curb line should any damages occur.. s s • Any necessary gate codes,keys t r limited access will be given to service contractor in advance when service is scheduled.A service fee may apply if service provider cannot perform service on scheduled date due to inability to access the property. 9. Choice of law: ., • The interpretation and enforcement of this agreement shall be governed by the laws within the state of Oregon. 10. Third party beneficiaries: • The rights,responsibilities,and obligations of this agreement are personal and specific to each of the parties,and shall not be binding upon or inure to the benefit of any third party. The customer and the service provider agree that they do not intend,by their performance , of this agreement,to confer any benefit,right,or entitlement upon any third party.The service company assumes no responsibility for#py third party's reliance on any of the services,analysis,review,or recommendations provided bysevice company pursuant to this agreement. 11. Mediation and arbitration: • The service provider and the customer agree to use third pwq etbitaatiofi to settle any and all disputes to avoid mg in court. - Homeowne rim d ram •Meli Per Service Provider E and:2 Excavating LLC 5ignatu►'ery a Signature .. Date 9� ,Z