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<br />ENGINEER shall increase at the rate of one percent (1%) a month. ENGINEER <br />may, after giving seven' (7) days written notice to OWNER, suspend services until <br />paid. <br /> <br />(d) In the event oftermination by OWNER, ENGINEER shall be entitled to payment for <br />services rendered through receipt of termination notice. ENGINEER will also be <br />entitled to payment for all reasonable termination expenses. <br /> <br />( e) "Termination expenses" means reimbursable expenses, salaries, and overhead costs <br />due to termination, including, but not limited to, transferring job records to OWNER, <br />termination negotiations, and reassignment of personnel. <br /> <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, and blueprints. Where special consultants or subs are <br />used as additional services, the ENGINEER's reimbursement shall include a service <br />charge equal to 5% of the subcontractor's invoice amount. <br /> <br />4. Services to be Performed by OWNER: OWNER shall: (i) designate a specific person as <br />OWNER's representative; (ii) provide ENGINEER with any previous studies, reports, data, <br />budget constraints, special OWNER requirements, or other pertinent information known to <br />OWNER; (iii) ensure access for the ENGINEER to properties necessary for performance of <br />the ENGINEER's work; (iv) provide legal, accounting, or insurance consultants, financial <br />advisors or other similar specialists as required for the project; (v) make prompt payments <br />in response to ENGINEER's statements; and (vi) respond in a timely fashion to requests from <br />the ENGINEER. ENGINEER is entitled to rely upon and use, without independent <br />verification and without liability, all information and services provided by OWNER or <br />OWNER's appointees, or with respect to buried utilities, the utility providing service in the <br />project area. <br /> <br />5. Termination: The obligation to provide further services under this AGREEMENT may be <br />terminated by either party upon ten (10) calendar days written notice, in the event of <br />substantial failure by the other party to perform in accordance with the terms hereof <br /> <br />6. Reuse of Documents: All documents prepared by ENGINEER are instruments of service for <br />the specific project contemplated under this AGREEMENT. They are not intended for reuse <br />on extensions of that project, or on any other project. Any reuse without written verification <br />or adaptation by ENGINEER for the specific purpose intended will be at OWNER'S sole risk <br />and without liability to ENGINEER. <br /> <br />7. Notices: Any notices to be given hereunder by either party to the other may be effected either <br />by personal delivery, in writing, or by registered or certified mail. <br /> <br />Page 2 of 10 <br />