2016-01313 - right of way permit

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r % o Bfl ings/Payments: Invoices for Van Neste Surveying's services shall be submitted, at Van Neste Surveying's option, either upon completion of such services or on a monthly basis. Invoices shall be payable upon receipt. If the invoice is not paid within 30 days, Van Neste Surveying may,without waving any claim or right against the Client, ad without any liability whatsoever to the Client,terminate the performance of services. The Client's obligation to pay for the work contracted is in no way dependent upon the Client's ability to obtain financing, zoning approval, approval of governmental or regulatory agencies, final adjudication of a lawsuit in which Van Neste Surveying is not involved, or upon the Client's successful completion of the project. To preserve lien rights in accordance with the Mechanics Lien Laws in Minnesota, Van Neste Surveying may file liens in the county where the project is located, within 120 days after the last item or service labor has been furnished. It is agreed that all expenses incurred by Van Neste Surveying in liening or collecting any delinquent amount, including but not limited to, reasonable attorney's fees, financial charges,witness personnel, document duplication, filing fees, organization and storage costs, court costs, travel and subsistences, shall be paid to Van Neste Surveying in addition to the delinquent amount. Late Payments: Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.0% (or the legal rate) on the then unpaid balance. In the event any portion or all of an account remains unpaid 90 days after billing,the Client shall pay all costs of collection, including reasonable attorney's fees. Indemnification: The Client shall,to the fullest extent permitted by law, indemnify and hold harmless Van Neste Surveying,his or her officers, directors, employees, agents, and subconsultants from and against all damage, liability and costs, including reasonable attorneys fees and defense costs, arising out of or in any way connected with the performance by any of the parties above named of the services under this agreement, excepting only those damages, liabilities, or costs attributable to the sole negligence or willful misconduct of Van Neste Surveying. Limitation of Liability: The client agrees that it will limit any and all liability, claim for damages, cost of defense or expenses to be levied against Van Neste Surveying on account of design defects,breach of contract, errors, omissions or professional negligence to a sum not-to-exceed$25,000.00 or the amount of Van Neste Surveying's fee, whichever is less. Warranties: z