Lucas Construction Services ("LCS") shall be entitled to rely on all information supplied by Customer. LCS shall not be required, or have a duty to inquire, as to the accuracy of any of the information supplied by Customer.
In the event Customer terminates the services at any time following commencement of the services, LCS shall have the right to recover from Customer an amount equal to fifty percent (50%) of the bid/proposal (as may have been amended) value.
Customer hereby acknowledges that LCS’s damages resulting from the premature termination are impossible to estimate, and include lost profits, installation costs, and other elements of injury, and acknowledges further that the foregoing charge is reasonable and is not a penalty. The fees and charges applicable for the services shall be as set forth on the bid/proposal and are subject to change in LCS’s discretion.
Payment for services shall be payable as follows: 50% upon acceptance of bid/proposal; 50% Final payment is due immediately upon completion of the services. Customer shall be responsible for payment of a late charge of 1.5% per month on any amounts not paid in full upon completion of the services.
In addition to LCS’s charges for services, LCS may charge Customer a fee to cover its costs in the event that Customer changes its service requirements at any time before or during the performance of the services.
LCS shall have the right to terminate the services at any time in the event that LCS is unable to continue performing its obligations in the event that a Customer change makes it impractical or uneconomical, in LCS’s sole discretion, to continue performing the services.
Customer shall hold and maintain in a confidential manner all proprietary information, including but not limited to, the bid/proposal, pricing and other financial information, business methods, processes, materials, plans, and marketing techniques.
All parties agree to refrain from ever making disparaging comments about the other and further agrees not to take any action that would adversely affect the business or professional reputation of the parties. LCS’s cumulative, aggregate liability in connection with or arising in any way from the services or otherwise under any and all legal theories is limited to monetary damages not to exceed the lesser of (i) Customer’s actual damages, or (ii) the total amount paid by Customer to LCS for labor only related to the services (out of pocket expenses, including materials, are specifically excluded).
NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES, OR FOR LOST PROFITS OR BUSINESS OPPORTUNITIES OR THE COST OF PROCUREMENT OF SUBSTITUTE ITEMS OR SERVICES, UNDER ANY LEGAL THEORY.
Customer agrees to cooperate with LCS as reasonably necessary to enable LCS to perform the services including, but not limited to, making available to LCS, at Customer’s expense, the materials, if applicable, and/or facilities required for LCS to perform the service.