Successor and Assigns
The Client and Consultant each binds himself, his partners, successors, assigns and legal representative to the other party to this LETTER OF AGREEMENT and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this LETTER OF AGREEMENT. Neither the Client nor the consultant shall assign his interest in this LETTER OF AGREEMENT without written consent of the other.
Time of Essence
Time is of the essence in this Agreement; therefore, the terms specified in this contract shall be subject to re-negotiation if not executed within 30 days from the date of the LETTER OF AGREEMENT. Further, if this project extends beyond six (6) months from commencement because of delays by the Client or such other reasons beyond the control of the consultant, the fees in this agreement shall be adjusted to reflect current fee schedules.
It is understood that the consulting services to be rendered by the Consultant do not in any way guarantee approval of governmental permits, approvals, licenses, or other necessary actions.
Additional Work and Changes in Scope of Work
Additional work requested by the Client or arising from inaccurate or incomplete information furnished by the Client is not included in this fee. It is further understood that if there are client-initiated changes and/or additional governmental requirements that are not covered in the Scope of Work, these changes shall be billed on a time and materials basis according to the current rate schedule.
Stop Work Order
Consultant agrees to stop work on this project at the written request of the Client. The Consultant further reserves the right to stop work on this project for cause. "Cause" is defined to include, but without limitation, failure of the client to comply with the provisions of this agreement; failure of the Client to provide necessary information and/or documentation necessary to complete the project; deterioration of working relationship of the parties to the extent it impedes project effectiveness; inability of the parties to re-negotiate the terms of this Agreement according to the provisions contained herein; and failure of Client to bring current accounts 60 days in arrears. Client agrees to pay for all work, according to the records of the Consultant, which are kept on an hourly basis, up to the time Stop Work Order is executed. By signing this contract, the Client understands that property may be liened by the Consultant if payment is not received in full within the timeframe outlined herein.
In the event that any party of this LETTER OF AGREEMENT seeks the assistance of legal counsel to enforce this LETTER OF AGREEMENT, or to maintain or defend any cause of action arising out of or related to this LETTER OF AGREEMENT, then the prevailing party in such action, demand, arbitration or defense shall be entitled to recover from the other said prevailing party's reasonable attorney's fees, together with costs and expenses.
Costs associated with collection efforts or services will be charged and added to past due accounts.
Instruments of Service
Drawings, specifications and other documents, including those in electronic form, prepared by the Consultant are Instruments of Service for use solely with respect to this Project. Consultant shall be deemed the author and owner of all Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. Upon execution of the LETTER OF AGREEMENT, the Consultant grants to the Client a nonexclusive license to reproduce the Consultant’s Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Client shall comply with all obligations, including prompt payment of all sums when due, under this LETTER OF AGREEMENT. Any termination of this LETTER OF AGREEMENT prior to completion of the Project shall terminate this license. The Client shall not assign, sublicense, pledge or otherwise transfer any license granted herein to another party without prior written agreement of the Consultant. However, the Client shall be permitted to authorize the Contractor, and its subcontractors, materialmen and suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the work. These instruments of service may not be transferred by the Client to a third party.
Interest on overdue accounts
Consultant will bill for services rendered on a monthly basis or upon the completion of identified tasks. Client shall pay all fees and costs invoiced by the Consultant within 15 days of the date of billing or the account shall be considered overdue. Interest at the annual rate of 18% will be added to subsequent invoicing for all overdue accrued unpaid amounts.
It is hereby disclosed that the Consultant may have completed work on neighboring properties, may own or be a partner in the development of neighboring properties and may accept employment in the future from neighboring or competing properties or developers. Further, the consultant may develop and sell properties that will be on the market at the same time as the Client’s property. The Consultant may have relationships with various individuals, firms and organizations that have a financial interest in the Client’s project or a competing project. Should the Client have any questions about these disclosures or any concerns at all about the Consultant’s current or future relationships they should be brought to the attention of the Consultant,
Right of Access
Our surveying services are provided to the client with the following understanding: the client is the property owner or an authorized agent of the property owner; the client will provide right of entry onto the property; the client has informed their neighbors of their intent to survey the property and has obtained permission for entry with the neighbors as required for working along the common boundaries and beyond as required to complete the proposed survey; client will inform PLOG of any adjacent properties where right of entry has been denied. This proposal is based on full entry rights on adjacent properties. The denial of right to enter an adjacent property may affect the proposal price.
Protection of Existing Vegetation
PLOG will take care to limit and prevent impact to site vegetation and landscaping. In some cases, the cutting of brush or small trees is necessary to complete the field survey, particularly in rural wooded locations. PLOG shall not be held liable for incidental damage to landscaping, shrubs and trees.
If requested, utilities above and below ground will be shown on the survey to the extent that they can be identified by normal field observation. No locate service or utility potholing will be done unless specifically requested by the client and stated in the scope of services. Invert elevations to existing underground storm and sanitary sewer structures will be provided.
This represents the entire agreement between the Parties with respect to the subject matter hereof and supersedes any previous or contemporaneous oral or written agreements regarding such subject matter. This Agreement may be amended or modified only by a written instrument signed by a duly authorized representative of each Party. By signing this contract, the Client understands that property may be liened by the Consultant if payment is not received in full within the timeframe outlined herein.