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annual report and annual evaluatkm.fee requiredItyLIEOitsggi.optional,and isintencluded in cost of basic services. <br /> Refer to Service Provitites fee satiedete for tuidtkirtbetti the Obit of basic servitiOt and optional'Services to be paivided <br /> under this contract.Please refer to Schedale A. <br /> Alt charges optional services shall be dim and payable thirty(30)days of the Customer's receipt of <br /> Service ProVirler'siavOiee.The Customer aballpay-Serviceirovider a late payment eharge of 1,.5%permooth,or <br /> the maximum rate permitted by applicable law,whichever is less,-on any unpaid amount for each calendar month or <br /> fraction theroafther any Payment to ServiceProvideris in arrears. <br /> 5.0 Warranty <br /> The Aittiorite-N*Service Provider variants that all Services shall be performed in itteed and workmanlike manner and <br /> that Service Provider will correct any System errors,malfunctions,or defects directly caused by Service Provider's <br /> failure tn perform the Services and Additional Services instieh manner. <br /> 6.0 Limitation of Liability <br /> The sole liability of the ritdiranTea 'Serviee Provider under this agreement shaft be correct any errors,malfunctions or <br /> defects*the system directly caused by the;AdvanTexZ Service Provider's failure to perform any servicesinngood and <br /> workmanlike manner pursuant to Sectimr,1 above.In no eventshall the Service Provider's liability to the Customer <br /> hereunder exceed the total ache amounts paid to the Service Provider hereunder by the Customer,in no event shall the <br /> AdvenTeifService Provider be liable to the Canna:ter or any third-party claimant for any indirect,special,punitive. <br /> consequential incidental damages or lost profits arising out Ordt-related to this Agreement or the or <br /> breach thereof;whether based upon a claim or action of contract.Warrarny,negligence or strict liability or ether-Ma, <br /> lireativoragyswetoryiluty;indemnity.orcontribiltiorrorotherWite.even,ifthe Service Provider has been advised 011ie <br /> possibility of suchdamagcs. <br /> 7.1 Termination/Cancellation <br /> llisAgreement may be terminated or canceled only upone <br /> • Written notice by one Party effective as of the effective date thereof if the Other Patty is in default Of any provision <br /> Of this,Agreement and such default is not cured by the defaulting Party within-Meek(1,S)days after the effective - <br /> date of said notice from thenohdefaulting,party,or by the mutual written agreement of both Parties. <br /> • COY of such written notice Shall be fiirntirded.tolhe regulatory agency: <br /> 84-MiseelkinetiosirovisiOns <br /> This Agreement is personal in nature and may not be delegated,:assigned or transferred by either Party without the <br /> prior written consent ofthe other Party. <br /> The'laws oftheltate ofOregortsball govera this Agreement. <br /> The homeowner shall be responsible for complying with- the AdvanTeellomeowner Manual <br /> . . <br /> and AX)41 Supplement provided to them with the parchaSe.ci(the System, <br /> Any notice 0-other communication required or maned to begivettandet this Agreement shall be iniiriting and shall <br /> be mailed by cenif!ectqtaii#40n#Veit4 requested,postage prepaid,addressed to the Parties at the addresses slidwit on <br /> the first Page ofthiikgatenteni Any notice or other Communication shall be deemed,given at the expiration of the <br /> second day after thedinetif deposit in the United States mail.The addresses to which notices or other communications <br /> shall be mailed may be changed that iodate by giving written notice to the other Party as provided in this <br /> AdvanTex.;SeMicitirovider Custonta(s) <br /> Name: , A&8 Soren RICH KANSKY <br /> )9egt <br /> Swam . . <br /> Tier ATT Account Martaaer <br /> • <br /> 320,JANICE.CT. <br /> DETROIT, OR 97342 SUMNICIMS"ta; <br /> 4110414 <br />