Survey Preparation Form

SURVEY PREPARATION FORM

Parties and Project Identification

Recitals

WHEREAS, Client Name: desires to procure surveying preparation services related to the Project Name: ; and

WHEREAS, Surveyor Name: represents that it has the qualifications, personnel, equipment and insurance to perform the required survey preparation and deliverables under the terms set forth in this Survey Preparation Form.

NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows.

Scope of Work

The Surveyor shall prepare and perform the following work. The description below shall control the scope; any additional services require a written change order executed by both parties.

Boundary Survey Topographic Survey ALTA/NSPS Survey As-Built Survey GPS Control

Schedule and Milestones

Payment Terms

Client shall pay Surveyor for the services described in this form in accordance with the following terms.

Late payment shall accrue interest and fees as stated below.

Term and Termination

This Agreement begins on the Effective Date and continues until completion of the services described herein unless earlier terminated as provided below.

Either party may terminate this Agreement for material breach by the other party that remains uncured following the notice and cure period set forth above. Upon termination, Surveyor shall be entitled to payment for services rendered and expenses incurred through the effective date of termination.

Confidentiality

Each party acknowledges that in the performance of this Agreement it may receive Confidential Information of the other party. "Confidential Information" means non-public business, technical, or financial information disclosed in connection with this Agreement. The receiving party shall (i) use Confidential Information solely for performance under this Agreement; (ii) restrict disclosure to employees and subcontractors with a need to know; and (iii) protect such information using at least the same degree of care it uses for its own confidential information, but no less than reasonable care. Confidential Information shall not include information that (a) is or becomes generally known to the public through no fault of the receiving party; (b) is independently developed by the receiving party without use of the disclosing party's Confidential Information; or (c) is required to be disclosed by law, provided the disclosing party is given prompt notice to seek protective measures.

Insurance, Site Access and Safety

Surveyor shall maintain insurance customary for surveying services, including general liability and professional liability in commercially reasonable limits. Client shall provide safe site access and identify known site hazards in writing prior to field work. Surveyor shall comply with applicable safety laws and may suspend field operations if conditions create an unacceptable hazard.

Warranties; Limitation of Liability

Surveyor warrants that services will be performed in a professional manner consistent with generally accepted surveying practices. Except for willful misconduct or gross negligence, Surveyor's total liability for any claim arising under or relating to this Agreement shall not exceed the greater of the total fees paid to Surveyor under this Agreement or the limits of applicable insurance proceeds. Client agrees that consequential, incidental, and punitive damages are not recoverable.

Governing Law; Entire Agreement

This Agreement shall be governed by and construed in accordance with the substantive laws of the state selected by the parties below. Any action arising from this Agreement shall be venued in the courts of the same state, unless the parties agree otherwise in writing.

This Survey Preparation Form, together with any attachments or change orders signed by the parties, constitutes the entire agreement between the parties regarding the subject matter herein and supersedes all prior or contemporaneous agreements, understandings, and communications, whether written or oral.

Client Representations and Certifications

Client represents that it is the owner or authorized agent with authority to engage Surveyor for the Project and that Client will obtain and pay for any permits, approvals, or third-party consents required for Surveyor to lawfully perform the services unless otherwise agreed in writing.

Change Orders and Additional Services

Any services beyond the Scope of Work shall be performed only upon a written change order signed by authorized representatives of both parties specifying the additional scope, schedule impact, and fees.

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