Agenda Packets - 1995/12/11 - Laserfiche WebLink

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Page 6 5.2 If the Project Schedule is exceeded through no fault of ENGINEER, the rates and amounts of compensation provided for herein shall be subject to equitable adjustment. If OWNER has requested changes in the scope, extent or character of the Project, the time of performance of ENGINEER's services shall be adjusted equitably. SECTION 6 - PAYMENTS TO ENGINEER FOR SERVICES AND REIMBURSABLE EXPENSES 6.1 Methods of Payment for Services and Expenses of ENGINEER Payment to ENGINEER by OWNER for the Services listed in Exhibit A, shall be by the payment method described in Exhibit B, "Fees". 6.2 For Basic Services. OWNER shall pay ENGINEER for Basic Services performed or furnished under Section 2 on the basis of Percent Complete of Lump Sum as described above. 6.3 For Additional Services. OWNER shall pay ENGINEER for Additional Services performed or furnished under Section 3 as negotiated between the parties and described in an Addenda to this Agreement. 6.7 Other-Provisi trs Colrcerning Payments 6.7.1 Preparation of Invoices. Invoices for Basic and Additional Services and Reimbursable Expenses will be prepared in accordance with ENGINEER's standard invoicing practices and will be submitted to OWNER by ENGINEER at least monthly. The amount billed for Basic Services and Additional Services in each invoice will be calculated on the basis set forth in Exhibit B. Invoices are due and payable on receipt. 6.7.2 Unpaid Invoices. If OWNER fails to make any payment due ENGINEER for services and expenses within thirty days after receipt of ENGINEER's invoice therefor, the amounts due ENGINEER will be increased at the rate of 1.5% per month (or the maximum rate of interest permitted by law, if less)from said thirtieth day; and, in addition, ENGINEER may, after giving seven days' written notice to OWNER, suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services, expenses and charges. Payments will be credited first to interest and then to principal. In the event of a disputed or contested billing, only that portion so contested may be withheld from payment, and the undisputed portion will be paid. 6.7.3 In the event this Agreement is terminated prior to completion, Client shall pay BRW all fees and reimbursable expenses incurred up to the date of termination. 6.8 Records of ENGINEER's Costs. Records of ENGINEER's costs pertinent to ENGINEER's compensation under this Agreement will be kept in accordance with generally accepted accounting practices. Copies will be made available to OWNER at cost on request prior to final payment for ENGINEER's services. SECTION 7 - GENERAL CONSIDERATIONS 7.1 Termination This Agreement may be terminated in writing by either party upon seven days written notice. 7.2 Reuse of Documents Documents, diagrams, sketches, surveys, computer files, working drawings, and any other materials created or prepared by ENGINEER as part of its performance of this Agreement (the "Work Products") are instruments of ENGINEER's service for use solely with respect to this Project, and ENGINEER shall retain ownership rights, including copyright. OWNER shall retain copies and may use such Work Products in connection with its use of the Project. However, OWNER agrees not to alter the Work Products and not to use the Work Products for any purpose or project other than that intended by this Agreement. 7.3 Electronic Media 7.3.1 OWNER understands that any Work Products prepared or provided on electronic media have a limited duration and require use of compatible software and hardware which may become unavailable over a period of time. When requested by OWNER,ENGINEER shall provide relevant analyses,findings and reports in"hard"copy,and in electronic form,where the Project necessitates the use of CADD materials. The parties agree that the"hard"copy shall govern in the case of a discrepancy between the two versions,and shall be held as the official set of drawings,as signed and sealed. 7.3.2 The OWNER shall be afforded a period of thirty(30)days in which to check the hard copy against the electronic media. In the event that an error or inconsistency is found as a result of this process,the ENGINEER shall be advised and the inconsistency shall be corrected at no additional cost to the OWNER. Following the expiration of this thirty-day period,the OWNER shall bear all responsibility for the care,custody and control of the electronic media. In addition,the OWNER MOUNDSV.JH Rev. November 21, 1995