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S ASSOCIATES A 219 West First Street,Suite 350 Duluth MN 55802 I phone 218.391.1335 I fax 218.722.6697 I email mail @saslandarch.com S Billings/Payments: Invoices for the Firm's services shall be submitted,at the Firm's option,either upon completion of such services or on a monthly basis. Invoices shall be payable within 30 days after the invoice date. If the invoice is not paid within 30 days, the Firm may, without waiving any claim or right against the Client,and without liability whatsoever to the Client,terminate the performance of the service.Retainers shall be credited on the final invoice. Late Payments: Accounts unpaid 60 days after the invoice date may be subject to a monthly service charge of 1.5% on the then unpaid balance (18.0% true annual rate), at the sole election of the Firm. In the event any portion or all of an account remains unpaid 90 days after billing,the Client shall pay all costs of collection,including reasonable attorney's fees. Indemnification: The Client shall indemnify and hold harmless the Firm and all of its personnel from and against any and all claims, damages, losses and expenses (includin reasonable attomey's fees) arising out of or resulting from the performance of the services, provided that any such claim, e, loss or expense is caused in whole or in part by the negligent act, omission, and/or strict liability of the Client, anyone direct y or indirectly employed by the Client (except the Firm), or anyone for whose acts any of them may be liable. Risk Allocation: In recognition of the relative risks, rewards and benefits of the project to both the Client and the Firm, the risks have been allocated such that the Client agrees that,to the fullest extent permitted by the law,the Firm's total liability to the Client for any and all injuries,claims,losses,expenses,damages or claim expenses arising out of this agreement from any cause or causes,shall not exceed the fee paid to the firm for the service. Such causes include, but are not limited to, the Firm's negligence, errors, omissions,strict liability,breach of contract or breach of warranty. Initial here: (Firm) (Client) Termination of Services: This agreement may be terminated by the Client or the Firm should the other fail to perform its obligations hereunder.In the event of termination, the Client shall pay the Firm for all services rendered to the date of termination, all reimbursable expenses, and reimbursable termination expenses. Ownership of Documents: All documents produced by the Firm under this agreement shall remain the property of the Firm and/or Client. The Landscape Architect grants to the Client a nonexclusive license to reproduce the design materials solely for the construction and use of the Project. Applicable Laws: Unless otherwise specified,this agreement shall be governed by the laws of the State of Minnesota. SAS+ASSOCIATES Scott Peterson,City of Pequot Lakes By: By: Luke W. Sydow,Landscape Architect Date: Date: Please return one signed copy of this proposal for our records if it is acceptable. 5 Landscape Architecture Site +Urban Design