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35-046 (18) P l PAGE 2 CONTRACT CLIENT: FRED MAILLOUX JOB # PAYMENT CONDITIONS : 1 . Invoices are rendered monthly for work done in preceding month and are due and payable within 30 days after presentation. After 30 days, the account will be considered delinquent and a finance charge of 1.5% per month will be added to the bill. If payment in full has not been received at the end of 45 days from the last invoice date, work will be stopped on the project until payment has been received. 2. Any check received for payment that is dishonored by the bank of origin, either for lack of funds or for a non-existent account, may be cause for TWM NORTHEAST to bring legal suit against the endorser of said check as stated in Section 11-104 of the General Obligations Law. For lack of sufficient funds, the maximum "double damages" penalty is $400.00. - For a non-existent account, $750.00 plus face value of the bad check. Liability for payment will commence 30-days after client has received a second demand letter from TWM NORTHEAST. 3 . Cancellation of this order renders client liable forthwith for cost of all work performed to that time. 4 . Filing fees to various town boards and backhoe rentals are not included in contract amount. 5. If overdue invoice is placed in hands of an attorney for collection, client agrees to pay all collection expenses including an attorney' s fee of 25% of balance then due with interest at the legal rate. 6. This agreement may be terminated by either party upon ten days written notice. If client terminates this agreement, TWM NORTHEAST shall be paid for services performed to the termination notice date. Upon receipt of final payment, TWM NORTHEAST will make available all work done up to termination date. 7 . Final documents will not be signed or sealed until final payment is received. 8 . This Droros.al i s valid, for 30 daym from- s c. date. 9. The fee for this project does not include state or local sales tax. If any public authority levies a sales tax on any of the services to be provided by CONSULTANT, CLIENT hereby agrees to pay all such sales taxes invoiced to the CLIENT by the CONSULTANT within 30 days of the date of CONSULTANT'S invoice. Given that CONSULTANT would be required to remit promptly invoiced sales tax amounts to the taxing authority, whether or not collected, CLIENT further agrees to pay to CONSULTANT a penalty equal to 100% of any invoiced sales tax amount not paid to CONSULTANT within the specified 30 day period. This penalty shall be in addition to the invoiced sales tax. Signed: PHILIP E. BURROWS, S. I.T. FRED MAILLOUX TWM NORTHEAST INC. Date: 2� ��SU Date: NORTHEAST 244 Main Street P.O. Box 567 Northampton, MA 01061-0567 (413)586-4074 (413)586-6643(fax) CONTRACT DATE: SEPTEMBER 20 , 1990 CLIENT: FRED MAILLOUX MAILING ADDRESS: 963 RYAN ROAD NORTHAMPTON, MA 01060 TELEPHONE: 586-4152 LOCATION ADDRESS: SAME JOB NUMBER: SCOPE OF SERVICES: RECOVER & VERIFY PROPERTY CORNERS OF LAND OWNED BY FRED MAILLOUX LOCATED AT 963 RYAN ROAD, NORTHAMPTON, MA AND BEING THE NORTHERLY PARCEL SHOWN ON A PLAN OF LAND RECORDED IN THE HAMPSHIRE COUNTY REGISTRY OF DEEDS PLAN BOOK 46 PAGE 52 . ESTIMATED COST: $400 . 00 RETAINER REQUESTED: $200. 00 ��( / 7 �'X/p 9/ ESTIMATED TIME OF COMPLETION: 14 DAYS FROM RECEIPT OF RETAINER AND EXECUTED CONTRACT. Northampton, MA Williston, VT Middleboro, MA Concord, NH Northboro, MA Yarmouth, ME A subsidiary of Thermo Environmental Corporation and Thermo Electron Corporation