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<br />the proportion of the total services actually completed at the time <br />of billing. OWNER shall make prompc monchly payments in response <br />to ENGINEER'S monchly stacements. <br /> <br />5.3. Other Provisions concerninq ?avments <br /> <br />5.3.1. If OWNER fails to make any payment due ENGINEER for <br />services and expenses within thirty days after receipt of <br />ENGINEER'S statement therefor, the amounts due ENGINEER will be <br />increased at the rate of 1% per month from the thirtieth day, and <br />in addition, ENGINEER may, after giving seven days' written notice <br />to OWNER, suspend services under this Agreement until he has been <br />paid in full all amounts due him for services, expenses and <br />charges. <br /> <br />5.3.2. In the evenc of terminacion by OWNER upon the completion <br />of any phase of the 8asic Services, progress payments due ENGINEL~ <br />for services rendered through such phase shall constitute total <br />payment for such services. In the event of such termination by <br />OWNER during any phase of the Basic Services, ENGINEER shall be <br />paid for services rendered during that phase on the basis of the <br />attached per diem rates for services rendered during that phase to <br />date of termination by ENGINEER'S principals and employees engaged <br />directly on the Project. In the event of any such termination, <br />ENGINEER also will be reimbursed for the charges of independent <br />professional associates and consultants employed by ENGINEER to <br />render Basic Services, and for all unpaid Additional Services and <br />unpaid Reimbursable Expenses, plus all termination expenses. <br />Termination expenses mean Reimbursable Expenses directly <br />attributable to termination. <br /> <br />SECTION 6 - OPINIONS OF COST <br /> <br />6.1. ooinions of Cost <br /> <br />Since ENGINEER has no control over the cost of labor, materials, <br />equipment or services furnished by others, or over the <br />CONTRACTOR(S) methods of determining prices, or over competitive <br />bidding or market conditions, his opinions of probable Project Cost <br />and Construction Cost provided for herein are to be made on the <br />basis of his experience and qualifications and represent his best <br />judgement as an experienced and qualified professional engineer, <br />familiar with the construction industry; but ENGINEER cannot and <br />does not guarantee that proposals, bids or actual Project or <br />Construction Cost will not vary from opinions or probable cost <br />prepared by ENGINEER. If prior to the Bidding or Negotiating <br />Phase, OWNER wishes greater assurance as to Project or Construction <br />cost, he shall employ an independent cost estimator as provided in <br />section 3. <br /> <br />SECTION 7 - GENERAL CONSIDERATIONS <br /> <br />7.1. Insurance <br /> <br />Page 12 of 23 Pages <br />