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reimbursable expenses. At this time, there are no known additional services to be <br />required. Prior to performing any such additional services, ENGINEER will obtain <br />written approval from OWNER. <br />(c) ENGINEER may submit monthly statements for professional and additional <br />services. These will be based upon ENGINEER'S estimate of services completed <br />at the time, and OWNER shall make prompt payments. If OWNER fails to pay <br />ENGINEER within sixty (60) calendar days of the receipt of ENGINEER'S <br />statement, the amounts due ENGINEER shall increase at the rate of five percent <br />(5%) a month. ENGINEER may, after giving written notice to OWNER, suspend <br />services until paid or the ENGINEER decides to resume in its sole discretion. <br />(d) In the event of termination by OWNER, ENGINEER shall be entitled to payment <br />for services rendered through receipt of termination notice. ENGINEER will also <br />be entitled to payment for all reasonable termination expenses as determined by it. <br />(e) "Termination expenses" means reimbursable expenses, salaries, and overhead costs <br />due to termination, including, but not limited to, transferring job records to <br />OWNER, termination negotiations, materials purchased but not accepted by <br />OWNER and reassignment of personnel. <br />"Reimbursable expenses" include, but are not limited to, long distance telephone, <br />postage, equipment, expendables, mileage, subcontractors or special consultants, <br />freight, testing fees, copies, blueprints, Or any other expenses the ENGINEER <br />deems appropriate. Where special consultants or subcontractors are used as <br />additional services, the ENGINEER'S reimbursement shall include a service <br />charge equal to 5% of the subcontractor's invoice amount. <br />4. Services to be Perfonned bOWNER: OWNER shall: (i) designate a specific person as <br />OWNER's representative, which must be approved by ENGINEER; (ii) provide <br />ENGINEER with any previous studies, reports, data, final site layouts, budget constraints, <br />special OWNER requirements, or other pertinent information known to OWNER; no <br />charge will be made to ENGINEER for such information, and OWNER and its agencies <br />will cooperate with ENGINEER to provide said information, in every way possible to <br />facilitate the performance of the project;(iii) ensure access for the ENGINEER to properties <br />necessary for perfonnance of the ENGINEER'S work; (iv) provide legal, accounting, or <br />insurance consultants, financial advisors or other similar specialists as required for the <br />project; (v) make prompt payments in response to ENGINEER'S statements; and (vi) <br />respond in a timely fashion to requests from the ENGINEER. ENGINEER is entitled to <br />rely upon and use, without independent verification and without liability, all information <br />and services provided by OWNER or OWNER's appointees, agent's or with respect to <br />buried utilities, the utility providing service in the project area. <br />5. Termination: The obligation to provide further services under this AGREEMENT may be <br />tenninated by either party upon ten (10) calendar days written notice, with Owner paying <br />Engineer all money owned, in the event of substantial failure by the other party to perform <br />2 <br />