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�/ SECTION 4: SAMPLE DISPOSAL 4.1 ESE will dispose of all remaining soil and rock samples 60 days after submission of report covering those samples. Further storage or transfer of samples can be made at client's expense upon client's prior written request. SECTION 5: BILLING AND PAYMENT 5.1 Client will pay ESE the lump sum amount indicated in the proposal or, if no lump sum amount is indicated, in accordance with the schedule of personnel and equipment charges, as shown in the proposal and its attachments. Backup data on billing will not be available unless prior arrangements have been made. Prior to initiation of field work, a retainer as specified in the proposal, is required. Invoices for the balance will be submitted to client by ESE, and will be due and payable upon presentation. If client objects to all or any portion of any invoice, client will so notify ESE in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay when due that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice. In the absence of written notification described above, the balance as stated on the invoice will be paid. 5.2 Invoices are delinquent if payment has not been received within thirty (30) days from date of invoice. Client will pay an additional charge of 1 1/2 (1.5) percent per month (or the maximum percentage allowed by law, whichever is lower) on any delinquent amount, excepting any portion of the invoiced amount in dispute and resolved in favor of client. Payment thereafter will first be applied to accrued interest and then to the principal unpaid amount. All time spent and expenses incurred (including any attorney's fees) in connection with collection of any delinquent amount will be paid by the client to ESE per ESE's current fee schedule. In the event client fails to pay ESE within sixty (60) days after invoices are rendered, client agrees that ESE will have the right to consider the failure to pay the ESE's invoice as a breach of this agreement. SECTION 6: OWNERSHIP OF DOCUMENTS 6.1 All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates, and other documents prepared by ESE as instruments of service, shall remain the property of ESE. 6.2 Client agrees that all reports and other work furnished to the client or his agents, which is not paid for, will be returned upon demand and will not be used by the client or others for any purpose whatsoever. 6.3 ESE will retain all pertinent records relating to the services performed for a period of five years following submission of the report, during which period the records will be made available to the client at all reasonable times. SECTION 7: INSURANCE 7.1 ESE represents and warrants that it and its agents, staff and consultants employed by it is and are protected by worker's compensation insurance and that ESE has such coverage