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Page 2 <br /> D. In the event Client fails to pay any undisputed invoice in full within 30 days of <br /> invoice date, GZA shall have the right, at any time and without waiving any other <br /> rights or claims against Client, to terminate performance of services if the work <br /> has not been completed and/or recover its materials/equipment upon 10 days prior <br /> written notice to Client. <br /> Further, if the Agreement is terminated at any time for any reason or any <br /> undisputed invoice is not paid in full within 30 days of invoice date, Client shall <br /> pay GZA in full for all services rendered by GZA to the date of termination, plus <br /> all interest, costs and expenses incurred by GZA, including any collection costs, <br /> and reasonable attorneys' fees. GZA also reserves the right to complete such <br /> analyses and records as are necessary to protect GZA's professional reputation. <br /> 3. GZA's Responsibility: <br /> A. GZA shall perform the work in a manner consistent with that level of care and <br /> skill ordinarily exercised by other professional consultants under similar <br /> circumstances. GZA makes no other warranty, either express or implied, <br /> including any implied conditions or warranties of merchantability, or fitness for <br /> a particular purpose, as to the findings, recommendations, plans, specifications, <br /> professional advice, material, equipment, or other work provided. <br /> B. If, during the 90 day period immediately following completion of the work, <br /> Client and GZA determine that there is substantial material error in GZA's <br /> performance as a result of reasonable customary professional practices not having <br /> been met, GZA shall take such corrective action as may reasonably be necessary, <br /> within the original scope of work, to substantially remedy the error. <br /> 4. Indemnification: <br /> GZA agrees to indemnify, defend and hold client harmless from and against all third <br /> party claims, suits, damages, losses, expenses, costs, obligations, liabilities, recoveries <br /> and deficiencies, including interest, penalties and reasonable attorney's fees which client <br /> may incur arising from or as a result of the negligence of GZA during the term of this <br /> agreement. Client, likewise, agrees to indemnify, defend and hold GZA harmless from <br /> and against all actions, damages, penalties and liabilities arising from or as a result of <br /> the negligence of Client during the term of this agreement. <br />