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N , annual report and annual evaluation fee required hy DEQ is ndsiptional,and iS nnLincluded in the oast of basic serifiees. Refer to SerVice.ProVidef's.fee schedule for an outline the cost of basic services and optional services to be provided .. , under this contract.Please refer toSchedule A. All charges for optional services shall be due and payable within thirty(30)days of the Customer's receipt,of Service Provider'sinvnice„The Customer shall pay Service Provider e late payment charge of I,.5%.0errnrinth,or the maximum rate permitted by applicable law,Whichever is less,on any unpaid amount for each calendar month or fraction thereCifthat any payment to Service Provider is in arrears. 5.0 Warranty The AdVairTexf Service Provider warrants that all Services shall be performed in a good and manner and that Service Providef will correct any System errors,malfunctions,or defects directly caused by Service Provider's , failure to perform the and Additional Services in such manner: : . 6,0 Limitation of Liability , , . . The sole liability of the'AilvanTex,Service Provider under this agreement shall be to correct any errors,malfintetions or , . . - - defects-in the system directly caused by the AdvanTex*Service Provider's failure to perform any services in a gcrod and _ . , . . . ., , ixorkmanlike manner pursuant to Sectiort4 above..In no event shall the Service Providers liability to the Customer ,• hereunder exceed the total of the amounts paid to the Service Provider hereunder by the Customer In no event shall the AdvnnTexc Service Provider.be liable tothe Customer or any third-party claimant for any indirect,special punitive , . consequential or incidental damages or lost profits arising out ofor related to this Agreement or the performance or breach thereof,whether based upon a claim or action ofcontract,warranty:.negligence or itriet liability or other tort, : breach of any statutory duty,.indemnity,or contribution or otherwise,even if the Service Provider has been advised of the possibility of puhclaitingis. 7.1 Termination/Cancellation This Agreement may be terminated or canceled only upon: • Written notice by one Party effective as of the effective date thereof if the other Party is in default of any provision of this Agreement and such default is not cured by the defaulting Poly'within fifteen(I )days after the effective date of said notice from the nondefaulting party,or by the mutual written agreement of both Parties- . , , , • Copy cifsuch written notice shall be forwarded to the regulatory agency. 8.0 Miscellinentis Provisions , . . . . This Agreement is personal in nature and may not be delegated,assigned or transferred hy either Party without the _ prior written consent 9411eoilier Party. The laws of the State tifOregon shall govern this Agreement. i . The homeowner shall be responsible for complying with the'AdvanTex Homeowner Manual I and AXN Supplement provided to them With the purchase of;he system. Anynotice Or othercommunicaticnitiquiFed Or Pertnitted to be given under this Agreement shall he in writing and shall be mailed by certified Mail,return receipt requested postage prepaid,addressed to the Parties at the addresses shown on the first page nfdris'Agreement Any notice or other Comminiication shall be deemed given at the eXpiration of* . . . second day after thediteordepatit in the.United States marl.The addresses toWhiCh notices or Other cOmMunications , . . shall be mailed maybe changed from time to time by giving Written nonce to theother Party as provided in this SeetiOn.• AdvanTexfSerriceProvider CuStorner(s). PLEASE SIGN . Sergy Atagoz . . Iv' ATT AecoOnt.Manaiser .. . . 130. Bethlehem D: r NE PCnais, OR97026 stocsoit46....u. ' ,011.40viiki• .10 illatbs,