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3 <br /> v <br /> NorCal <br /> FuelWorxz Inc. <br /> CSLB#1115311 <br /> NorCal FuelWorxz, Inc. (NCFW, Inc.) <br /> Service Agreement <br /> The following terms and conditions,along with the accepted proposal and any attachments to the proposal,define the terms of <br /> the agreement between you ("Client") and NCFW, Inc. for the services described in the proposal. The accepted proposal, <br /> including any attachments thereto,and this Service Agreement are referred to herein as the"Agreement." <br /> 1. SCOPE OF SERVICES: NCFW, Inc., will provide Client with the services described in NCFW, Inc. proposal, <br /> which are referred to herein as the "Work." NCFW, Inc. will perform the Work in a diligent and workmanlike manner <br /> consistent with the ordinary skill and competence of professionals engaged in the same type of work at the time and place <br /> the Work is rendered and in accordance with the specifications and the time requirements, if any, described in the <br /> proposal. <br /> 2. PLANS, SPECIFICATIONS, AND PERMITS: The project will be constructed according to plans and <br /> specifications which have been examined by the owner and which have been or may be signed by the parties hereto.All <br /> required building permits to be obtained and paid for as stated in the construction proposal description of the work. Owner <br /> will pay assessments and charges required by public bodies and utilities for financing or repaying the cost of sewers, <br /> storm drains, water service and other utilities, including sewer and storm drain reimbursement, revolving fund charges, <br /> hook-up charges and the like. <br /> 3. COMPENSATION: Client agrees to pay NCFW, Inc. the amount set forth in the proposal. NCFW, Inc. shall <br /> obtain Client's written consent prior to providing any services not included in the Work. <br /> 4. WARRANTY: NCFW, Inc.warrants that the materials and equipment furnished by it pursuant to this Agreement <br /> will be new and of good quality except as expressly provided in the relevant Work documents approved by Client and <br /> NCFW, Inc. NCFW, Inc. work will be free from defects; and the work will conform to the requirements of the relevant <br /> Work documents approved by Client and NCFW, Inc. Client shall have no right of claim against NCFW, Inc. based upon <br /> this warranty except to the extent of any warranty claim submitted to NCFW, Inc. in writing within one year after <br /> substantial completion of the Work. <br /> 5. INDEMNIFICATION: NCFW, Inc., shall indemnify and hold Client harmless from and against any and all losses, <br /> claims, suits, rights, causes of action,damages, liabilities and expenses of any nature, Including,without limitation, attorneys' <br /> fees and court costs,resulting from,and to the extent of,NCFW, Inc.negligence or willful misconduct.Except as provided for in <br /> the previous sentence,Client shall indemnify and hold NCFW, Inc. harmless from and against any and all losses,claims,suit <br /> rights,causes of action,damages,liabilities and expenses of any nature,Including,without limitation, attorneys'fees and c <br /> costs, arising from or in connection with: (a)Client's negligence or willful misconduct at the location of or relating to the <br /> and(b)any element of the Work that involves handling,treatment,storage,disposal,arrangement for disposal or transp <br /> or operations relating to, "solid waste," "hazardous waste" or"hazardous substances," as those terms are used <br /> under local, state or federal laws or regulations, including but not limited to the Comprehensive Environment <br /> Compensation and Liability Act,42 U.S.C.§9601,et seq.,and the Solid Waste Disposal Act,42 U.S.C.§6901 <br /> 6Milind <br /> FEE PAYMENT: NCFW, Inc.fees for the Work shall be paid as set forth in the accepted pro <br /> payable upon receipt after delivery by NCFW,Inc.Any past due amount shall accrue interest / <br />