By signing below client agrees to the following terms and fees unless specified otherwise. In the event of any litigation arising from or related to this Agreement or the services provided under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred, including staff time, court costs, attorneys' fees and all other related expenses in such litigation. In the event of a non-adjudicative settlement of litigation between the parties or a resolution of dispute by arbitration, the term “prevailing party” shall be determined by that same process.
Eyncon, LLC will furnish appropriate insurance certificates for general liability upon request. The Client agrees that Eyncon, LLC's total aggregate liability to the Client for any and all injuries, claims, losses, expenses, or damages whatsoever, including attorney's fees, arising out of or in any way related to the Project or this Agreement from any cause or causes, including, but not limited to, strict liability, breach of contract, or breach of warranty, shall not exceed the total amount recoverable from such insurance or the amount of services provided in the preceding proposal, whichever is less.
Client shall pay ENGINEER (Eyncon, LLC) in accordance with the rates and charges agreed upoon or other if specified. ENGINEER will submit to Client, an invoice of services rendered. Payment will be due upon receipt of ENGINEER's invoice. In the event Client fails to pay ENGINEER within thirty (30) days after invoices are rendered, Client agrees that ENGINEER shall have the right to consider that event a breach of this Agreement and upon seven (7) days written notice, the duties, obligations and responsibilities of ENGINEER under this Agreement may be either suspended or terminated and a lien imposed on the property.