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• <br /> annual report and annual evaluation fee required.by DEQ is gaoptional,and is maincluded in the cost of basic.services. <br /> Refer to Service Provider's fee schedule for an oiutlirm ofthe cost of basic services and optional services to be provided <br /> under this contract Please refer to Schedule A. <br /> All charges for-optional services shall be due and payable within thirty(30)days o f the Customer's receipt of <br /> Service Provider's invoice.The Customer shall pay Service Providera late payment charge of 1.5%per month,or <br /> themaximum rate permitted by applicable law;whichever is less,on any unpaid amount for each calendar month or <br /> fraction thereof that any payment to Service.Provider isin arrears. <br /> 5.0 Warranty <br /> The AdvanTex°Service Provider warrants that all Services-shall be performed in a good and workmanlike manner and <br /> that Service Provider will correct any Systent errors,malfunctions,or defects directly caused by Service Provider's <br /> failure to perform the Services and Additional Services in such manner. <br /> 6:0 Limitation of Liability <br /> The sole liability ofthe AdvanTcxel Service Provider under this agreement shall be to correct anyerrors,malfunctions or <br /> defects in the system directly caused by the AdvanTexr Service Provider's failure to perform any services in a good and <br /> workmanlike manner pursuant to Section 4 above.In no,event shall tbe.Service Provider's liability to the Customer <br /> hereunder exceed the total.ofthe.aniounts paid to the Service Provider hereunder by the Customer,In no-event shall the <br /> AdvanTee Service Provider be liable to the•Customcr or any third-party claimant for any indirect,special,punitive, <br /> consequential or incidental damages or lost profits arising out ofor related to this Agreement or the performance or <br /> breach thereof,whether based upon a claim or action of contract,warranty,negligence or strictliability or other tort, <br /> breach of any•statutory duty,indemnity,or contribution or otherwise,even if the Service Provider has been advised ofthe <br /> possibility ofsuch damages. <br /> 7.1 Termination/Cancellation <br /> This Agreement may be terminated or'canceled only upon: <br /> • Written notice by one Party effective as of the effective date thereof if tbe,other Patty is in default of any provision <br /> 'of.this Agreement and such default is not cured by the defaulting Party within fifteen(15)days after the effective <br /> date of said notice from the non-defaulting party,or by the mutual written agreement of both Parties. <br /> • Copy of such written notice shall be forwarded to the regulatory agency. <br /> 8.0 Miscellaneous Provisions <br /> This Agreement-is personal in nature and may not be delegated,assigned or transferred by either Party without the <br /> prior written consent of the other.Party. <br /> The laws of the State of Oregon shall govern this Agreement. <br /> The homeowner shall be responsible for complying with the AdvanTex Homeowner Manual <br /> and AXN Supplement provided to them with the purchase of the system. <br /> Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall <br /> be mailed by certified mail,return receipt requested,postage prepaid,addressed to the Parties at the addresses shown on <br /> the first page ofthis Agreement.Any notice or other communication shall be deemed given at the expiration of the <br /> second day after the date ofdeposit in the United States mail.•The addresses to which notices or other communications <br /> shall be mailed may be changed froiri time to timeby giving.written noticeto the other Party as•provide h``this Section. <br /> AdvanTex°Service Provider Customer(s) 'S <br /> Name: &B Septic %rvi Coleman Seed&Hay <br /> Signature/ �iVlx.- 9/fri/tere.-- <br /> _ �./.t'rr )4�/� <br /> 0Q4, <br /> Title ATT Administra .r <br /> 5233 Keene Rd. <br /> Gervais,OR 97026 scoeMaaa Roe 1.o, <br /> 0W11350mnco• <br /> Systoms°,loa <br />