Surveying Services Agreement

SURVEYING SERVICES AGREEMENT

This Surveying Services Agreement (the Agreement) is entered into as of by and between:

Client Name:

Surveyor Name:

RECITALS

WHEREAS, Client is the owner or authorized representative of the real property commonly described as: (the Property); and

WHEREAS, Client desires to engage Surveyor to perform professional land surveying services in connection with the Property, and Surveyor represents that it is duly qualified, licensed and capable of performing such services in accordance with applicable industry standards and regulations; and

WHEREAS, the parties intend that the scope of Surveyor's services, compensation, schedule, and other terms be set forth in this Agreement.

SCOPE OF WORK

Surveyor shall perform the professional surveying services described below and any services reasonably incidental or necessary to deliver the stated deliverables.

DELIVERABLES AND SCHEDULE

Surveyor will provide the following deliverables: sealed survey map, field notes, digital CAD files, and a written surveyor's report, as applicable. Expected preliminary delivery date:

PAYMENT TERMS

Client shall pay Surveyor for services rendered in accordance with the following fee schedule.

Invoicing: Surveyor will submit invoices in accordance with the Payment Schedule. Unpaid invoices not subject to a bona fide dispute are due upon receipt and may be suspended after ten (10) days' written notice.

TERM AND TERMINATION

Term: This Agreement commences on and continues until unless earlier terminated pursuant to this Section.

Termination for Cause: Either party may terminate upon material breach by the other party if the breaching party fails to cure the breach within the notice period set forth above. Upon termination, Client shall pay Surveyor for all services performed and reimbursable expenses incurred to the date of termination, including reasonable costs of demobilization.

CONFIDENTIALITY

Each party shall maintain in confidence all non-public information received from the other party that is identified as confidential or that a reasonable person would consider confidential under the circumstances. Confidential information does not include information that (a) is or becomes publicly known through no breach of this Agreement; (b) is rightfully received from a third party without restriction; or (c) is independently developed by the receiving party without use of the disclosing party's confidential information.

INSURANCE, INDEMNITY, AND LIMITATION OF LIABILITY

Insurance: Surveyor shall maintain professional liability insurance and general liability insurance in amounts customary for the surveying profession. Upon request, Surveyor will provide certificates evidencing such coverage.

Indemnity: To the extent permitted by law, Surveyor shall indemnify and hold Client harmless from claims arising out of Surveyor's negligent acts, errors or omissions in the performance of professional services. Client shall indemnify and hold Surveyor harmless from claims arising from Client's breach of this Agreement or Client's wrongful acts.

Limitation of Liability: Except for damages arising from willful misconduct or gross negligence, each party's total liability to the other for any claim arising out of or relating to this Agreement shall not exceed the total fees paid to Surveyor under this Agreement for the specific services giving rise to the claim.

ACCESS, COOPERATION, AND PERMITS

Client shall provide Surveyor with right-of-entry to the Property, access to existing records, and reasonable cooperation. Client is responsible for obtaining any necessary permissions or easements from third parties unless otherwise agreed in writing.

CHANGES IN WORK

Any change in the Scope of Work shall be authorized by a written change order signed by both parties. Change orders shall specify adjustments to compensation, schedule, and any other terms affected by the change.

DISPUTE RESOLUTION

The parties shall attempt to resolve disputes first through good faith negotiation. If negotiation fails, the parties agree to submit the dispute to mediation. If mediation does not resolve the dispute, the parties may pursue binding arbitration or litigation as selected in writing at the time of dispute; provided, however, that any action to enforce payment obligations may be brought in a court of competent jurisdiction.

ENTIRE AGREEMENT

This Agreement, including all exhibits and written change orders executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, or agreements, whether written or oral. No amendment shall be effective unless in writing and signed by both parties.

NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth above or to such other address as a party may designate by written notice. Notices are considered given when delivered personally, sent by certified mail, or confirmed overnight courier.

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