SR0033424_ENG DESIGNED PLAN - Laserfiche WebLink

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Neil O. Andeti.on &Associates, Inc., AdvanText Treatment System Service Contract Page 3 4.0 Charges The charges which the Customer shall pay Neil O_ Anderson&Associates, Inc. for the performance of Services shall be as described in Schedule A. Neil O. Anderson&Associates, Inc. may increase all or any of the charges for those Services described in Schedule A by giving the Customer written notice at least thirty(30)days before each yearly anniversary of the Effective Date of this Agreement. 4.1 In addition to the charges set forth on Schedule A, Customer shall pay Neil O. Anderson& Associates, Inc. for all supplies and parts furnished by Orenco or Geoflow and utilized by Neil O. Anderson&Associates, Inc. in the performance of Services or Additional Services hereunder. The charges for such supplies and parts shall be at Orenco's and Geoflows list price at the time Neil O. Anderson&Associates,Inc. delivers such supplies and parts to the Customer. ' 4.2 All charges shall be due and payable within thirty(30) days of the Customer's receipt of the invoice. The Customer shall pay Neil O. Anderson&Associates, Inc. a late payment charge of 1.5%per month, or the maximum rate permitted by applicable law,whichever is less, on any unpaid amount for each calendar month or fraction thereof that any payment to Neil O.Anderson & Associates,Inc_ is in arrears. 5.0 - Certification of System The Customer shall permit Neil O. Anderson&Associates,Inc. to inspect the System to determine if it is in good working order. Based on such inspection,Neil O. Anderson& Associates, Inc. may, in its sole discretion, either(i)require the Customer to perform such maintenance on the System as Neil O. Anderson &Associates,Inc. may deem necessary,or(ii) perform such maintenance on the System itself. Any such maintenance services provided by Orenco under this Section 5 shall be billed by Neil O. Anderson&Associates, Inc. to the Customer at Neil O. Anderson&Associates, Inc.'s standard rates for time,materials and travel. 6.0 Warranty Neil O. Anderson&Associates, Inc. warrants that all Services shall be performed in a good and workmanlike manner and that Neil O. Anderson&Associates,Inc. will correct any System errors, malfunctions, or defects directly caused by Neil O. Anderson&Associates,Inc.'s failure to perform the Services and Additional Services in such manner. Neither Orenco nor Neil O. Anderson&Associates, Inc. warrant that the System will meet the Customer's needs or be free of failure, errors,malfunctions or defects or that the Customer's use of the System will be uninterrupted. Nor does Orenco or Neil O. Anderson&Associates,Inc. make any warranty that the AdvanTex®Treatment Systems will meet any new or pending effluent standard levels which may emerge as a result of new or more demanding requirements for any component of the discharged wastewater. Except and to the extent expressly provided otherwise in this Agreement, and in lieu of all other warranties, there are no warranties of any kind, either expressed, implied or statutory, including but not limited to warranties of quality,performance, non-infringement,merchantability or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance or trade usage. The foregoing exclusions and disclaimers are an essential part of this Agreement. 7.0 Limitation of Liability The sole liability of Neil O. Anderson &Associates, Inc. under this agreement shall be to correct any errors, malfunctions or defects in the system directly caused by Neil O. Anderson &