Final Project Map

FINAL PROJECT MAP

This Final Project Map (the Agreement) is entered into by and between Client Name: and Contractor Name: for the Project identified below.

RECITALS

WHEREAS, the Client desires a final, certified map and related deliverables documenting the scope, extents, and coordinates of the Project; and

WHEREAS, the Contractor has represented that it possesses the professional qualifications, personnel, and equipment necessary to prepare the Final Project Map and associated deliverables in accordance with the terms of this Agreement; and

WHEREAS, the parties wish to set forth the terms under which the Final Project Map will be prepared, delivered, reviewed, and accepted.

PROJECT IDENTIFICATION

SCOPE OF WORK

The Contractor shall prepare, compile, and deliver a Final Project Map in accordance with the specifications set forth below and in any attachments. The Final Project Map shall include accurate plans, coordinate data, legends, scale, north arrow, and any metadata necessary for the intended use identified by the Client.

DELIVERABLES & MILESTONES

The Contractor shall deliver the following items. Each deliverable must include identification of the responsible party, formatted map files, point coordinate data, and a transmittal that documents changes from prior drafts.

Due Date:

Due Date:

Due Date:

PAYMENT TERMS

Compensation for the services described herein shall be as set forth below. Invoices shall itemize work completed and map deliverables. Payment is due within the period specified in this section following receipt of an invoice.

TERM AND TERMINATION

This Agreement commences on the Start Date and shall continue until completion of the deliverables and final acceptance, unless earlier terminated in accordance with this section.

Start Date:    End Date (anticipated):

Either party may terminate this Agreement for material breach if the breaching party fails to cure such breach within the notice period set forth above. Upon termination, the Contractor shall deliver all completed work and the Client shall pay for work performed to the effective date of termination.

CONFIDENTIALITY

Each party agrees to maintain in confidence all non-public information disclosed by the other party in connection with this Agreement and to use such information only for performance under this Agreement. This obligation shall survive termination or expiration of this Agreement for years, except to the extent disclosure is required by law.

MAP DATA, COORDINATES & ATTACHMENTS

The Final Project Map shall include coordinate data, datum/coordinate system specification, and an attachments list. The Contractor certifies that coordinate points were derived using customary professional practice and are the best available for the purposes stated in this Agreement.

ACCEPTANCE

The Client's acceptance of the Final Project Map shall be evidenced by the Client's written sign-off below. Acceptance shall be deemed given when the Client either signs below or provides a written notice of acceptance within the review period specified in the payment schedule.

The Client affirms that the Final Project Map (select applicable):   Conforms to scope and is accepted as final Accepted subject to minor corrections Rejected — significant deficiencies identified

GOVERNING LAW; ENTIRE AGREEMENT

Governing Law: The validity, interpretation, and enforcement of this Agreement shall be governed by the laws of without regard to conflict-of-law principles.

Entire Agreement: This Agreement, including all attachments and referenced deliverable descriptions, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior proposals, negotiations, and agreements, whether written or oral. Any amendment must be in writing and signed by authorized representatives of both parties.

REPRESENTATIONS AND WARRANTIES

The Contractor represents that the Final Project Map will be prepared in accordance with generally accepted professional surveying and mapping standards appropriate to the scope and intended use, and that the deliverables will be free from material defects in workmanship at the time of delivery. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATION OF LIABILITY

Except for liability arising from willful misconduct or gross negligence, each party's aggregate liability to the other for claims arising under or related to this Agreement shall not exceed the total amount paid by the Client to the Contractor under this Agreement.

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