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OWNERSHIP AND REUSE OF FURNISHED REPORTS CLIENT acknowledges that the GEOTECHNICAL ENGINEER reports and supporting documents are instruments of professional service, not products, and a property interest therein is retained by MIDWEST TESTING LABORATORY, INC. They are not intended to be suitable for reuse on project extensions or other projects. Any reuse without adaptation by MIDWEST TESTING LABORATORY, INC. for the specific purpose intended will be at user's sole risk and without any liability to MIDWEST TESTING LABORATORY, INC. Any adaptation wiD entitle further compensation at rates to be mutually agreed upon. SAMPLE DISPOSAL MIDWEST TESTING LAHORA TORY, INC. win dispose or all remaining samples 60 days after submission of report covering those samples. Further storage or transfer or samples can be made at CLIENT'S request and expense. BILLING AND PAYMENT CLIENT will pay MIDWEST TESTING LABORATORY, INC. the agreed upon fee or charges in accordance with the SCHEDULE OF FEES in effect at the time of the investigation. Invoices win be submitted to the CLIENT with terms of net within 30 days. If CLIENT objects to all or any portion of the invoice, CLIENT will so notify MIDWEST TESTING LAHORA TORY, INC. in writing within 30 calendar days of the invoice date, identifying the cause of disagreement and pay, when due, the portions of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice. In the absence of written notification described above, the balance as stated on the invoices will be paid. Invoices are deUnquent if payment has not been received within thirty 30 days from the date of invoice. The client agrees, if requested, to pay an additional charge of one (1) percent per month (or the maximum percentage allowed by law, wblchever is lower), on any delinquent amount, excepting any portion of the invoiced amount in dispute and resolve in favor of the CLIENT. Any time spent and expenses incurred (including any attorney's fees) in connection with coDectlon of any delinquent amount will be paid by the CLIENT to MIDWEST TESTING LABORATORY, INC. In the event CLIENT fails to pay MIDWEST TESTING LABORATORY, INC. within sixty (60) days after invoices are rendered, CLIENT agrees that MIDWEST TESTING LABORATORY, INC. wiD have the right to consider the failure to pay the delinquent invoices as breacb of this AGREEMENT. SURVIVAL AND CHOICE OF LAW AND VENUE The law or the State of North Dakota will govern the validity of the AGREEMENT, its interpretation and performance. If any of the provisions contained in the AGREEMENT are held iUegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. The claim will be brought and tried in judicial jurisdiction of tbe court of Cass County, North Dakota, and CLIENT waives the right to remove the action to any other county or judicial jurisdiction, and at any time after a dispute arises, the party defending against a claim may serve upon the adverse party an offer for money or property or to the effect specified In the offer. The adverse party shall have fourteen days to accept the offer. An offer not accepted sball be deemed withdrawn and evidence thereof is not admissible at trial. If the decision or judgment finally obtained by the adverse party is not more favorable than tbe offer, then the defending party shall be considered the prevailing party, and the adverse party must pay all attorneys' fees and other claim-related expenses incurred after the making of the offer. TERMINATION This AGREEMENT may be terminated by either party seven (7) days after written notice In the event of any breach of any provision of this AGREEMENT, or in the event of substantial failure of performance by the other party, or if the CLIENT suspends tbe work for more than three (3) months. In the event of termination, MIDWEST TESTING LABORATORY, INC. wUl be paid for services performed prior to the date of termination.