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<br />proportion of the total services actually completed at the time of billing. <br />OWNER shall make prompt monthly payments in response. to ENGINEER'S <br />monthly statements. <br /> <br />5.3. Other provisions Concerninq Payments <br /> <br />5.3.1. If OWNER fails to make any payment due ENGINEER for services <br />and expenses within sixty days after receipt of ENGINEER'S statement <br />therefor, the amounts due ENGINEER will be increased at the rate of 1% <br />per month from the thirtieth day, and in addition, ENGINEER may, after <br />giving seven days' written notice to OWNER, suspend services under this <br />Agreement until he has been paid in full all amounts due him for <br />services, expenses and charges. <br /> <br />5.3.2. In the event of termination by OWNER under paragraph 7.1. upon <br />the completion of any phase of the Basic Services, progress payments due <br />ENGINEER for services rendered through such phase shall constitute total <br />payment for such services. In the event of such termination by OWNER <br />during any phase of the Basic Services, ENGINEER shall be paid for <br />services rendered durinqthat phase on the basis of th~attached per diem <br />rates for services render~d during that phase to date of termination by <br />ENGINEER'S principals and employees engaged directly on the Project. <br />In the event of any such termination, ENGINEER also will be reimbursed <br />for the charges of independent professional associates and consultants <br />employed by ENGINEER to render Basic Services, and paid for all unpaid <br />Addi tional Services and unpaid Reimbursable Expenses, plus all termination <br />expenses. Termination expenses mean Reimbursable Expenses directly <br />attributable to termination. <br /> <br />SECTION 6 - OPINIONS OF COST <br /> <br />6.1. <br /> <br />Opinions 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 CONTRACTOR(S) <br />methods of determining prices, or over competitive bidding or' market <br />conditions, his opinions or probable Project Cost and Construction Cost <br />provided for herein are to be made on the basis of his experience and <br />qualifications and represent his best judgement as an experienced and <br />qualified professional engineer, familiar.with the construction industry; <br />but ENGINEER cannot and does not guarantee that proposals, bids or <br />actual Project or Construction Cost will not vary' from opinions or <br />probable cost prepared by ENGINEER. If prior to the Bidding or <br />Negotiating Phase, OWNER wishes greater assurance as to Project or <br />Construction Cost, he shall employ an independent cost estimator as <br />provided in Section 3. <br /> <br />SECTION 7 - GENERAL CONSIDERATIONS <br /> <br />7.1. Termination - The obligation to provide further services under <br />this Agreement may be terminated by either party upon thirty ,days <br />written notice in the event of substantial failure by the other party to <br />perform in accordance with the terms hereof through no fault of the <br />terminating party. <br /> <br />Page 12 of 17 Pages <br />