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April 3, 2017 7 Proposal No.: SWP-17-058 SITE ACCESS AND UTILITIES: Client has sole responsibility for securing site access and locating utilities. BILLING AND PAYMENT: Client will pay Consultant the proposal amount or, if none is stated, according to the fee schedule in effect at the time our services are provided. Prior to initiation of fieldwork, a retainer may be required. This retainer shall be maintained throughout the project and shall be applied to the final invoice. Payment is due on presentation of invoices, and is delinquent if Consultant has not received payment within 30 days from the date of an invoice. Client will pay an additional charge of VA (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 that is disputed in good faith. Each payment will first be applied to accrued interest, costs, and fees, and then to the principal unpaid amount. All time spent and expenses incurred (including any in-house or outside attorney's fees) in connection with collection of any delinquent amount will be paid by the Client to Consultant per Consultant's current fee schedule. OWNERSHIP OF DOCUMENTS: Consultant owns all documents it creates and grants Client limited license to use the documents for the purposes stated in the documents. Consultant reserves the right to withhold delivery of documents to Client until payment in full of current invoices has been received. TERMINATION: This agreement may be terminated by either party effective seven (7) days from the date of written notice, or if the client suspends the work for three (3) months. In the event of termination, Consultant will be paid for services performed prior to the date of termination plus reasonable termination expenses. If Consultant has not received payment for any invoice within 30 days from the date of the invoice, or in the event of anticipatory breach by Client, Consultant may suspend performance of its services immediately and may terminate this contract. RISK ALLOCATION: In order for Client to obtain the benefit of a fee which includes a lesser allowance for compensating Consultant for its litigation risk, Client agrees to indemnify, hold harmless and defend Consultant, its agents, employees, or officers, from and against any and all loss, claim, expenses, including attorney's fees, injury, damages, liability or costs arising out of non-design services (i.e., services other than as defined by Civil Code Section 2784) performed by Consultant on this project, except where such loss injury, damage, liability, cost, expenses or claims are the result of the sole negligence or willful misconduct of Consultant. Client further agrees to limit the total aggregate liability of Consultant, its agents, employees, and officers to Client on the entire project, to the lesser of $30,000.00 or total fees charged by Consultant, except that Consultant's liability for willful misconduct shall not be limited. You should consult with an attorney experienced in construction contracts and litigation regarding this provision. HAZARDOUS MATERIALS: Consultant is responsible only for hazardous materials brought by Consultant onto the site. Client retains ownership and responsibility in all respects for other hazardous materials and associated damage. ASSIGNS AND THIRD PARTIES: Neither the client nor Consultant may delegate, assign, or transfer his duties or rights in this Agreement without the written consent of the other party. This Agreement is intended only to benefit the parties hereto. No person who is not a signatory EARTH SYSTEMS SOUTHWEST