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If Walker takes legal action to enforce payment and prevails, Client shall reimburse <br /> Walker for all collection and legal costs. Client shall pay Walker for Services rendered <br /> regardless of whether Services are intended in whole or in part to benefit a third party. <br /> 9 Notwithstanding anything to the contrary contained in the Agreement, the parties agree <br /> to waive all claims against each other for any incidental, special, indirect, punitive, <br /> exemplary or consequential damages that may arise out of or relate to this Agreement. <br /> 10 The proposal and any subsequent contract shall be governed by the substantive laws <br /> of the jurisdiction in which the Project is located (the "Jurisdiction"). The Jurisdiction's <br /> courts have exclusive jurisdiction and venue over all disputes arising out of the <br /> Contract, and the Jurisdiction is deemed to be the place of performance for all <br /> obligations under the Contract. The Parties waive any objection to the Jurisdiction's <br /> courts on grounds of inconvenient forum or otherwise. <br /> 11 If retention is required per contract documents then it shall not exceed 5% <br /> 12 If this proposal is accepted, the above terms will be incorporated into any subcontract <br /> agreement to be executed by the parties covering the work herein quoted. <br /> II. EXCLUSIONS: <br /> 1 Overtime, expediting or acceleration fees <br /> 2 Trash removal from site and any associate fees ( however, trash will be <br /> deposited in the G.C.'s dumpster) <br /> 3 Repairs to existing circuitry and conduits <br /> 4 Sales tax <br /> 5 Hazardous materials handing, generation, shipping and/or remediation fees <br /> 6 Payment and performance bond <br /> 7 Painting and/or priming of any kind <br /> 8 Temporary power and lighting <br /> WALKER ENGINEERING INC. 3 OF 4 <br />