- Hyatt Survey's services under this contract do not include participation in any actions of litigation. All expert witness services are to be provided by and compensated for under a separate contract as negotiated and executed by the parties.
- The Client and Hyatt Survey agree that no warranties, guarantees, representations, or statements of any nature have been relied upon and used as a basis for this agreement, unless contained herein or as may be implied to in Florida Statutes.
- Hyatt Survey is not responsible for any failure to perform under any conditions which arise from causes beyond Hyatt Survey's reasonable control or which may be caused by any unavoidable or unforeseeable action arising beyond any reasonable Hyatt Survey or Client control.
- To the fullest extent provided by law, and withstanding any other provision of this Agreement, the total aggregate liability due to any error, omission or other professional negligence shall be limited to a total sum of $10,000.00 or the fee agreed upon under this Agreement (less any third part costs), whichever is greater.
- Any errors, omissions or deficiencies on any document issued by Hyatt Survey and observed by the Client or his representative, must be reported only to Hyatt Survey promptly in order to facilitate mitigation of any claimed losses, which may arise or be due.
- Hyatt Survey shall be entitled to collect its costs and reasonable attorney's fee incurred in the collection of any fee due Hyatt Survey; including all fees incurred in any litigation resulting from the enforcement of any of the terms of this Agreement.
- All original documents and files, both digital and hardcopy, resulting from the Agreement are and shall remain the property of Hyatt Survey. Hyatt Survey will furnish six (6) copies of the final product as directed for delivery by the Client. Any reuse or reissue of drawings or documents must be approved by Hyatt Survey and must be limited to the specific purpose stated on the face of the document. The Client will hold Hyatt Survey harmless from all claims arising from unauthorized acts of reissuance or reuse of any document of service in this Agreement.
- The Client will approve all sub-contracts or sub-consultants prior to engagement by Hyatt Survey on their behalf. Hyatt Survey may act as an Authorized Agent only when both the Client and Hyatt Survey properly execute a written agreement.