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annual report and annual evaluation fee required by DEQ is ggt,optional.and is BALincluded in the cost of basic services. <br /> Refer to Service Provider's fee schedule for an outline ofthe cost of basic services and optional services to be provided <br /> under this contract.Please refer to Schedule A. <br /> All charges for optional services shall be due and payable within thirty(30)days of the Customer's receipt of <br /> Service Provider's invoice.The Customer shall pay Service Provider a late payment charge of 1.5%per month,or <br /> the maximum rate permitted by applicable law,whichever is less,on any unpaid amount for each calendar month or <br /> fraction thereof that any payment to Service Provider is in arrears. <br /> 5.0 Warranty <br /> The AdvanTex'Service Provider warrants that all Services shall be performed in a good and workmanlike manner and <br /> that Service Provider will correct any System errors,malfunctions,or defects directly caused by Service Provider's <br /> failure to perform the Services and Additional Services in such manner. <br /> 6.0 Limitation of Liability <br /> The sole liability of the AdvanTexa Service Provider under this agreement shall be to correctany errors,malfunctions or <br /> defects in the system directly caused by the AdvanTexl Service Provider's failure to perform any services in a good and <br /> workmanlike manner pursuant to Section 4 above.In no event shall the Service Provider's liability to the Customer <br /> • hereunder exceed the total of the amounts paid to the Service Provider hereunder by the Customer.In no event shall the <br /> AdvanTex'l)Service Provider be liable to the Customer or any third-party claimant for any indirect,special,punitive, <br /> consequential or incidental damages or lost profits arising out of or related to this Agreement or the performance or <br /> breach thereof,whether based upon a claim or action of contract,warranty,negligence or strict liability or other tort, <br /> breach of any statutory duty_indemnity,or contribution or otherwise,even ifthe Service Provider has been advised of the <br /> possibility of such damages. <br /> 7.1 Termination/Cancellation <br /> This Agreement may be terminated or canceled only upon: <br /> • Written notice by one Party effective as of the effective date thereof if the other Party is in default of any provision <br /> of this Agreement and such default is not cured by the defaulting Party within fifteen(15) days after the effective <br /> date of said notice from the non-defaulting party,or by themutual written agreement of both Parties. <br /> • Copy of such written notice shall be forwarded to the regulatory agency. <br /> 8.0 Miscellaneous Provisions <br /> This Agreement is personal in nature and may not be delegated,assigned or transferred by either Party without the <br /> prior written consent of the otherParty. <br /> The laws of the State of Oregon shall govern.this Agreement. <br /> The homeowner shall be responsible for complying with the AdvanTex Homeowner Manual <br /> and AXN Supplement provided to them with the purchase ofthe system. <br /> Anynotice or other communication anon required or permitted to be given under this Agreement shall be in writing and shall <br /> be mailed by certified mail,return receipt requested,postage prepaid,addressed to the Parties at the addresses shown on <br /> the first page ofthis Agreement_Any notice or other communication shall be deemed given at the expiration of the <br /> second day after the date of deposit in the United States mail.The addresses to which notices or other communications <br /> shall be-mailed may be changed from time to time by giving written notice to the other Party as provided in this.Section. <br /> AdvanTex Service Provider Customer(s) • <br /> Name: A&6 Septic Service Robe Melhoff <br /> Signature: -/� <br /> Title_ / - <br /> ATT Account an9 <br /> a er <br /> 9565 Elkhorn Woods Circle SE <br /> Lyons, OR 97358 stoasttoa-3a•V.+.o <br /> VMS Ornnco <br /> Symms•,Inc. <br />