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<br /> 3.1. System M�nitorinrt/Reportine,Shall include the collection and'processing of data
<br /> transmitted by telemetry,PDA,laptop computer or other for evaluation the operating
<br /> parameters of the treatment System,including alarm notification.It shall also include all
<br /> sampling and laboratory information.
<br /> 4. Charges
<br /> The cost for the Basic Services is$1,650,with 50%due upon signing.of this Agreement,and30%due
<br /> on the first anniversary date. Basic Services including service visit,inspection,effluent quality
<br /> • evaluation,System cleaning and annual report and evaluation asrequired byDER`shalf be included
<br /> in the cost of the Basic Services.Optional,additional services shall.be:provided:at eanragreed.upon
<br /> .price.Service provider will provide Customerwith a written quote priorto any additional work being
<br /> performed.
<br /> Additionai labor to gain access to System components(i.e.,removal of blackberries,digging,removal
<br /> of debris)shall result in an additional fee of$90 per hour(minimum charge of$90).
<br /> All charges for optional services shall be due and payable with 20 days of the Customer's receipt of
<br /> Service Provider's invoice.The Customer shall pay Service Provider a late payment charge of 1.5%
<br /> per month,or the maximum rate permitted by applicable law,whichever IS less,on any unpaid
<br /> amount for each calendar month of fraction thereof that any payment to Service Provider is In
<br /> arrears. -
<br /> 5. Warranty
<br /> The Service Provider warrants that ail services shall be performed in a good and workmanlike,
<br /> manner consistent with industry standards and in compliance with any•federal,state;or local
<br /> requirements or regulations and that Service Provider will correct any System•errors,malfunctions,
<br /> or defect directly caused by Service Provider's failure to perform the Services and additional service
<br /> in such manner.
<br /> 6. limitation of Liability
<br /> 6.1 Service Provider shall correct any errors,malfunctions,or defects In workmanship ormateriais
<br /> used In servicing the System or attributable to the Service'Provider's failure to perform any Services in
<br /> accordance with this Agreement.In no event shall.the Service Provider's:liabllitytotheCustomer
<br /> hereunder relating to the Services provided forthe System exceed the total:of the amounts paid to the
<br /> Service Provider by the Customer.In no.event shall the Service:Provider bellableto Customer for
<br /> special,punitive,consequential,or incidental damages or lost.profits.arising out of or related to.any
<br /> deficient Services.
<br /> 6.2 Except as otherwise provided in Section 6.1,Service Provider shall Indemnify,defendand hold
<br /> harmless Customer and its subsidiaries and affiliates,and each of their respective officers,directors,
<br /> members,employees,agents,representatives and shareholders,from and against any and all claims,
<br /> demands,causes of action,damages,losses,liabilities,Judgments,costs,fees and expenses(including,
<br /> without limitation,reasonable costs and expenses of investigation and settlement and reasonable
<br /> attorneys'fees and expenses)(collectively,"Losses"),to the extent solely arising:out of or solely
<br /> relating to any actual or alleged injury to any person,damage to.any property,:or any other damageor
<br /> loss by whomsoever suffered,resulting from any alleged negligence or Willful misconduct of Service
<br /> 2 Year Septic Service.Couttaat—Page.3
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