CHANGE ORDER: Requested changes to this agreement by buyer (Change Order) shall not be effective unless: (a) set forth in writing and requested by seller. (b) buyer responsible for the full amount of such additional charges, if applicable. Graphics completion and hardware delivery time shall be increased without penalty to seller for delays caused by events or conditions beyond seller’s control including, without limitation: Acts of nature; labor shortages or strikes; materials shortages; submission of change orders; buyer’s own acts or failures to act (including, without limitation, buyer’s delays in paying deposits, in choosing graphics colors or in submitting change orders; and buyer’s default under of this contract.) Buyer shall cooperate with seller to meet the agreed-upon design, graphic production and/or hardware delivery schedules.
LEGAL FEES: Buyer shall pay all expenses and costs of any kind or nature whatsoever incurred by seller to enforce this contract, with or without suit, in any bankruptcy proceeding (including, without limitation, contested matters and adversary proceedings), on appeal, in pre-judgment collections actions and in post-judgment collections enforcement including, without limitation, all of the following expenses and costs: attorneys’ fees, taxable court costs, non-attorney (such as accountants and expert witnesses) professional fees, costs and other charges, and non-taxable costs (including, without limitation, all photocopy, facsimile, long distance, cellular telephone, private investigation, computerized legal research, messenger, overnight courier, postage, travel, transportation and secretarial overtime charges). If buyer brings suit against seller arising out of this contract, then the non-prevailing party shall pay the prevailing party’s reasonable attorneys’ fees, taxable court costs, non-attorney professional fees, non-taxable costs, collections actions and enforcement and other expenses of suit, bankruptcy proceedings and appeals as such costs and expenses are more fully described in the preceding sentence, all as determined by the court.
CANCELLATION: If buyer cancels this contract and any reason other than seller’s breach, or for no reason, then the buyer promptly shall pay the seller a “Cancellation Fee” equal to: (a) sixty percent (60%) of the total contract price (b) buyer must cancel before Seller commences production of design, graphics, hardware orders, show orders, etc. to not be responsible for full payment.
OTHER: This contract shall be governed by and construed and enforced under the laws of the State of Arizona, whose courts shall have jurisdiction over any legal proceedings or actions arising out of this contract. Maricopa County, Arizona shall be the place of venue of any such proceeding or action. This Contract constitutes the entire agreement of Seller and Buyer pertaining to the subject matter hereof and supersedes any prior or contemporaneous oral or written agreements and understandings of the parties in connection therewith
CREDIT TERM LATE PAYMENTS: To compensate Seller for its costs incurred incident to a late payment, if any payment is not received by Seller within 30 days of the due date, then buyer shall pay interest on all unpaid amounts at the rate of 1.5% per month (18% APR) from the original due date until paid.
