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4.2 - Non -hazardous samples will be held for thirty (30) days and then discarded unless, within thirty (30) days of the report date, the Client requests in
<br />writing that AET store or ship the samples. Storage and shipping costs shall be borne solely by Client.
<br />SECTION 5 - PROJECT RECORDS
<br />The original project records prepared by AET will remain the property of AET. AET shall retain these original records for a minimum of three years following
<br />submission of the report, during which period the project records can be made available to Client at AET's office at reasonable times.
<br />SECTION 6 - STANDARD OF CARE
<br />AET performs its Services consistent with the level of care and skill normally performed by other firms in the profession at the time of this service and in
<br />this geographic area, under similar budgetary constraints.
<br />SECTION 7 - INSURANCE
<br />AET maintains insurance with coverage and minimum limits shown below. AET will furnish certificates of insurance to Client upon request.
<br />7.1 —
<br />Workers' Compensation
<br />Employer's Liability
<br />Statutory Limits
<br />$100,000 each accident
<br />$500,000 disease policy limit
<br />$100,000 disease each employee
<br />Commercial General Liability $1,000,000 each occurrence
<br />$1,000,000 aggregate
<br />Automobile Liability $1,000,000 each accident
<br />Professional/Pollution Liability Insurance
<br />$1,000,000 per claim
<br />$1,000,000 aggregate
<br />7.2 - Commercial General Liability insurance will include coverage for Products/Completed Operations extending one (1) year after completion
<br />of AET's Services as outlined in our proposal, Property Damage, Personal Injury, and Contractual Liability coverage applicable to AET's indemnity
<br />obligations under this Agreement.
<br />7.3 - Automobile Liability insurance shall include coverage for all owned, hired and non -owned automobiles.
<br />7_4 - Professional/Pollution Liability Insurance is written on a claims -made basis and coverage will be maintained for one (1) year after
<br />completion of AET's Services as outlined in our proposal. Renewal policies during this period shall maintain the same retroactive date.
<br />7.5 - To the extent permitted by applicable state law, and upon Client's signing of the proposal, which includes these Terms and Conditions,
<br />and return of the same to AET, or Client provided forms of acceptance as defined in Section 1.1; Client and Owner shall be named an
<br />"additional insured" on AET's Commercial General Liability Policy (Form CG D4 14, which includes blanket coverage for the Additional Insured
<br />on a Primary and Non -Contributory basis). Client and Owner shall also be named an "additional insured" on a Primary and Non-contributory
<br />basis on AET's Automobile Liability Policy (Form CA T4 74). Any other endorsement, coverage or policy requirement may result in additional
<br />charges.
<br />7.6 - AET will maintain insurance coverage required by this Agreement at its sole expense, provided such insurance is reasonably available, with
<br />insurance carriers licensed to do business in the state in which the project is located and having a current A.M. Best rating of no less than A minus
<br />(A-). Such insurance shall provide for thirty (30) days prior written notice to Client for notice of cancellation or material limitations for the policy
<br />or ten (10) days' notice for non-payment of premium.
<br />7.7 - AET reserves the right to charge Client for AET's costs for additional coverage requirements unknown on the date of the proposal, e.g.,
<br />coverage limits or policy modification including waiver of subrogation, additional insured endorsements and other project specific requirements.
<br />SECTION 8 - DELAYS
<br />If delays to AET's Services are caused by Client or Owner, other parties, strikes, natural causes, pandemic, weather, or other items beyond AET's control,
<br />a reasonable time extension for performance of the Services shall be granted, and AET shall receive an equitable fee adjustment.
<br />SECTION 9- PAYMENT. INTEREST AND BREACH
<br />9.1 - Invoices are due net thirty (30) days from the date of receipt of an undisputed invoice. Invoices will be paid without reductions for bond or
<br />retention. Client will inform AET of invoice questions or disagreements within fifteen (15) days of invoice date; unless so informed, invoices are deemed
<br />correct.
<br />9.2 — Invoices remaining unpaid for sixty (60) days shall constitute a material breach of this Agreement, permitting AET, in its sole discretion and without
<br />limiting any other legal or equitable remedies for such breach, to terminate performance of this Agreement and be relieved of any associated duties to
<br />the Client or other persons. Further, AET may withhold from Client data and reports in AET's possession. If Client fails to cure such breach, all reports
<br />associated with the unpaid invoices shall immediately upon demand be returned to AET and Client may neither use nor rely upon such reports or the
<br />Services.
<br />9.3 — AET reserves the right to pursue any unpaid invoice utilizing available remedies at law. AET explicitly reserves its Mechanic Lien or Bond Claim rights
<br />for nonpayment of an undisputed invoice. Client is responsible for paying AET expenses and attorney fees related to collection of past due invoices.
<br />9.4— AET reserves the right to charge a 2.5% fee on any payment made using a credit card or debit card.
<br />ACS 403C (01/26) AMERICAN ENGINEERING TESTING, INC.
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