CCP 02-24-2009 - Laserfiche WebLink

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City of New Brighton Inspec Project No.: P00822 February 11, 2009 Page 3 E. CLIENT'S RESPONSIBILITIES 1. Client shall return the signed proposal to Inspec prior to commencement of services. 2. See Payment Provisions. 3. Client shall provide Inspec with existing documents available. 4. The Client shall allow Inspec to access the roof areas and interior spaces necessary to provide design services. F. PAYMENT PROVISIONS 1. Progress payment invoices for Inspec services shall generally be submitted monthly and are payable upon receipt. Invoices shall be considered past due if not paid within thirty (30) days of invoice date. 2. Payment of invoices for Inspec services shall not be contingent on payments received by the Client from other parties. 0 J. SUSPENSION OR TERMINATION OF SERVICES The Client may terminate this agreement at any time and for any reason on five days written notice to Inspec. This Agreement may be terminated by either party in the event of substantial failure to perform in accordance with the terms of this Agreement through no fault of the terminating party, but only after written notice of the specific nature of the failure to perform has been submitted and after seven days opportunity to cure such failure. If this Agreement is terminated, Inspec shall be paid for services performed to the termination notice date including reimbursable expenses due. K. RISK ALLOCATION/DISPUTE RESOLUTION I . All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this Agreement, including, but not limited to, breach thereof, shall be referred for mediation under the then current Construction Industry Medication Rules of the American Arbitration Association prior to any recourse to arbitration or litigation. 2. The Client agrees to compensate Inspec for reasonable expenses incurred if Inspec is required to respond to legal processes which are related to Inspec's services, but that arise out of a lawsuit or proceeding to which Inspec is not a party. 3. If either party brings a lawsuit against the other, the non -prevailing party will pay the prevailing party its costs of litigation, including, but not limited to, reasonable attorney's fees.