07-C Hayter Engineering Agrmt - Laserfiche WebLink

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5 (c) ENGINEER may submit monthly statements for basic and additional services. These will be based upon ENGINEER'S estimate of services completed at the time, and OWNER shall make prompt payments. If OWNER fails to pay ENGINEER within sixty (60) calendar days of the receipt of ENGINEER'S statement, the amounts due ENGINEER shall increase at the rate of one percent (1%) a month. ENGINEER may, after giving seven (7) days written notice to OWNER, suspend services until paid (d) In the event of termination by OWNER, ENGINEER shall be entitled to payment services rendered through receipt of termination notice. ENGINEER will also be entitled to payment for all reasonable termination expenses. (e) "Termination expenses" means reimbursable expenses, salaries, and overhead costs due to termination, including, but not limited to, transferring job records to OWNER. termination negotiations, and reassignment of personnel. "Reimbursable expenses" include, but are not limited to, long distance telephone, postage, equipment, expendables, mileage, subcontractors or special consultants. freight, testing fees, copies, and blueprints. Where special consultants or subs are used as additional services, the ENGINEER'S reimbursement shall include a service charge equal to 5% of the subcontractor's invoice amount. Se,'vlce~to ho Parfarmecl by OWNER' OWNER shall: (i) designate a specific person as OWNER'S representative; (ii) provide ENGINEER with any previous studies, reports, data, budget constraints, special OWNER requirements, or other pertinent information known to OWNER; (iii) ensure access for the ENGINEER to properties necessary for pertbrmance of the ENGINEER'S work; (iv) provide legal, accounting, or insurance consultants, financial advisors or other similar specialists as required for the project; (v) make prompt payments in response to ENGINEER'S statements; and (vi) respond in a timely fashion to requests fi'om thc ENGINEER. ENGINEER is entitled to rely upon and use, without independent verification and without liability, all information and services provided by OWNER or OWNER'S appointees, or with respect to buried utilities, the utility providing service in the project area Termlnaticm The obligation to provide further serv/ces under this AGREEMENT may be terminated by either party upon ten (10) calendar days written notice, in the event of substantial failure by the other party to perform in accordance with the terms hereof Re~me c~fl3c~cument~: All documents prepared by ENGINEER are instruments of service for the specific project contemplated under this AGREEMENT. They are not intended fi)r reuse on extensions of that project, or on any other project. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at OWNER'S sole risk and without liability to ENGINEER. Nc~tlce~: Any notices to be given hereunder by either party to the other may be affected either by personal delivery, in writing, or by registered or certified mail. 2oflO