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, <br /> basic services. Refer to Service Provider's fee schedule for an outline of the cost of basic services and optional services to <br /> be provided under this contract. <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 the <br /> maximum rate permitted by applicable law,whichever is less,on any unpaid amount for each calendar month or fraction <br /> 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 that <br /> Service Provider will correct any System errors,malfunctions,or defects directly caused by Service Provider's failure to <br /> perform the Services and Additional Services in such manner. <br /> 6.0 Limitation of Liability <br /> The sole liability of the AdvanTex Service Provider under this agreement shall be to correct any errors,malfunctions or <br /> defects in the system directly caused by the AdvanTex 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 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 breach <br /> thereof,whether based upon a claim or action of contract,warranty,negligence or strict liability or other tort,breach of any <br /> statutory duty,indemnity,or contribution or otherwise,even if the Service Provider has been advised of the possibility of <br /> such damages. <br /> 7.0 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 of <br /> this Agreement and such default is not cured by the defaulting Party within fifteen(15)days after the effective date of <br /> said notice from the non-defaulting party,or by the mutual 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 prior <br /> written consent of the other Party. <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 and AXN Homeowner's <br /> Manual Supplement provided to them with the purchase of the system. <br /> Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be <br /> mailed by certified mail,return receipt requested,postage prepaid,addressed to the Parties at the addresses shown on the <br /> first page of this Agreement.Any notice or other communication shall be deemed given at the expiration of the second day <br /> after the date of deposit in the United States mail.The addresses to which notices or other communications shall be mailed <br /> 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: Oregon Sewer& Drain LLC Tho s S va <br /> Signature: a441—Q.+L J 3�� ttill�— O"lr!► <br /> Title: o er Property Owner <br /> SLD-OM-OR-1 <br /> Rev.4.0,©9/09 <br /> Orenco Systems•,Inc. <br />