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City of Paris, Texas 7 <br />Consultant shall be credited to any temvnal payment due to the Consultant. <br />B. Pavment for Additional Services: The Owner sha11 pay the Consultant £or properly <br />authorized additional services enumerated in Section 3 at the Consultant's normal hourly <br />rates in effect at the time of the authorization for personnel involved and equipment <br />except that such compensation shall not apply to any Project maximum fee shown in this <br />contract. <br />C. Past Due Pa ents: In accordance with State Law the Owner shall automatically <br />compute interest on payments past due and pay said interest in whole with the principal <br />payment. Payments shall be considered due and payable upon receipt of the monthly <br />invoice from the Consultant and past due 14 days after the due date. <br />D. Retainaee: No part ofthe Consultant's compensation shall be withheld from him with <br />failure of the Contractor to perform; nor sha11 the Consultant's fees be reduced in the <br />event the amounts owning under any Construction Contract aze reduced by change <br />order, settlement, or litigation. <br />E. Eactended Service: Should the term of service required of the Consultant eactend <br />beyond the original term of the Texas Parks and Wildlife Department grant through no <br />fault of the Consultant, the Consultant shall be paid the fixed fee set forth in Section <br />5A(1) plus he shall be compensated for the services of a11 personnel plus any <br />reimbursable expenses necessary to complete the project. Compensation sha11 be at the <br />hourly published rates in effect at the time of expiration of the original grant agreement. <br />SECTION 6. GENERAL CONSIDERATIONS <br />A. Termination: This Agreement may be ternunated without cause by either party by <br />giving ten (10) days written notice. If this Agreement is so temvnated the Consultant <br />shall be paid for work completed plus reimbursable expenses. Reimbursable expenses <br />include actual expense for subcontracted services, transportation, and subsistence of <br />personnel when traveling in connection with the Project; reproduction of reports, <br />drawings, specifications, and similar Project related items. <br />B. Project Documents: Without the expressed WRITT'EN CONSENT OF THE <br />CONSULTANT the Owner shall allow NO reproduction ofthe plans and specifications <br />for constructing additional "copies" of the same project in whole or in part; nor shall the <br />Owner fumish the Consultant's plans and specifications to third parties for their use in <br />constructing additional "copies" of the project, in whole or in part. <br />C. Estimates: Since the Consultant has no control over the cost of labor and materials, <br />or other competitive bidding and market conditions, the estimates of construction aze to <br />be made on the basis of his experience and qualifications but the Consultant does not <br />guarantee the accuracy of such estimates as compared to the Contractor's bid, or the final <br />contract cost. <br />