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4 .. • • annual report and annual evaluation,fee required by DEQ is yoptional,and isincluded in the cost of bask services_ . Refer to Service Provider's fee schedule for an outline ofthe cost of basic services and optional services to be provided under this contract.Please refer to Schedule A. All charges for optional services shall he due and payable within thirty(30)days•of the Customer's receipt of • Service Provider's invoice.The Customer shall pay Service Provider a late payment charge of 1.5%per month,or the maximum rate permitted by applicable law,whichever is less,on unpaid amount for each calendar month or fraction thereofthat any payment to Service Provider is in arrears. • 5.0 Warranty : • The AdvanTexe Service Provider warrants that all Servicesshall be performed in a good and workmanlike manner and that Service Provider will correct any System errors,malfunctions,or defects directly caused by Service Provider's • failure to perform the Services and Additional Services in such manner. 6.0 Limitation of Liability . • The sole liability of the AdvanTexe Service Provider under this agreement shall be to correct any errors,malfunctions or defects in the system directly caused by the AdvanTe?Service Provider's failure to perform any services in a good and workmanlike manner pursuant to Section 4 above.In no eventshall the Service Provider's liability to the Customer • hereunder exceed the total ofthe amounts paid to the Service Provider hereunder by the Customer.In no event shall the . • • AdvanTex°Service Provider be liable to the Customer or any third-party claimant for any indirect,special,punitive, consequential or incidental damages or lost profits arising out of or related to this Agreement or theperforrnance or breach thereof,whether based.upon a claim or actionof contract,warranty.negligence.or strict liability or other tort, • • breach of any statutory duty,indemnity,or contribution or otherwise,even ifthe Service Provider has been advised ofthe possibility of suchdamages. 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 Party within fifteen.(15)days after the effective date of said notice from the non-defaulting party;or by the mutual written agreement of both Parties. • • • Copy of such written notice shall be forwarded to the regulatory agency. . • • 8.0 Miscellaneous Provisions • • This Agreement is personal in nature and may not be delegated,assigned or transferred by either Party without the -• prior written consent ofthe other Party. • • • The laws ofthe State of Oregon shall govern this Agreement. • The homeowner shall be responsible for complying with the AdvanTex Iomeowner Manual and AXN Supplement provided to them with the.purchase of the system. • . Any notice or other communication required orpennitted to be given under this Agreement shall be in writing and shall be mailed bycertified mail,return receipt requested,postage prepaid,addressed to the Parties at the addresses shown on the first page ofthis Agreement.Any notice or other communication shall be deemed given at the expiration ofthe second day afterthe date ofdeposit in the United States mail.The addresses to which notices or other communications • • shall be mailed may be changed fromtime to time by giving written notice to theother Parry as provided in this Section. AdvanTexa'ServiceProvider Customers) . • • Name: A&B Sufic Service • • Mark Marlene Looney • Signature: �i�ed g?,evr, i}'tcvaa, crow-nit (J ATT Account Manager • 3364.Buena Vista Rd S • Jefferson,OR 97352 Rev.IA ocnaoao