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K IMLEY-HORN RT 3001 WESTON TEL No . 919 481 0062 Mar 16 ,89 15:33 P .05 <br /> part for more than three (3) months for reasons beyond the Client's control, it shall <br /> be deemed substantial failure by the Engineer and the Client may elect to terminate <br /> said agreement with seven (7) days written notice. If such delay or suspension <br /> extends for more than six (6) months (cumulatively) for reasons beyond the Engineer's <br /> control, the various rates of compensation provided for elsewhere in this Agreement <br /> shall be subject to renegotiation. <br /> (d) The Engineer's receipt of a fully executed copy of this Agreement shall <br /> constitute written notice for it to proceed with performance of the Services <br /> designated under Phase I in Exhibit A. Written notice to proceed will be issued for <br /> those tasks under Phase II after July 1, 1989, contingent upon funding. <br /> (5) Sant <br /> (a) For Services described in Exhibit A, the Engineer's compensation shall be <br /> computed on the basis set forth in Exhibit B, which is attached hereto and <br /> incorporated herein by reference. <br /> (b) If so provided in Exhibit B, direct expenses incurred by the Engineer in <br /> Providing the Services described in Exhibit A shall be reimbursed to the Engineer. <br /> Subject to the foregoing, reimbursable direct expenses shall mean the actual expenses <br /> incurred directly by the Engineer in connection with performance of the Services, <br /> including, but not limited to, reasonable expenses for transportation and subsistence <br /> incident thereto; toll telephone calls and telegrams; computer services; and <br /> reproduction of reports and other documents. <br /> (c) If the Engineer's compensation hereunder is on an hourly, rather than a <br /> lump sum fee basis, the parties have estimated costs and expenses for the various <br /> portions of the scope of work described in Exhibit A, and such approximate costs and <br /> expenses are set forth in Exhibit B. Services undertaken by the Engineer or expenses <br /> incurred by the Engineer exceeding the estimates set forth in Exhibit B shall be the <br /> liability of the Client. <br /> (d)d In addition to amounts payable by the Client to the Engineer hereunder, the <br /> Client shall be invoiced for and shall pay to the Engineer in accordance with these <br /> provisions all taxes, if any, whether state, local, or federal levied with respect to <br /> such amounts. <br /> (6) Comoensation for Additional_kyles. If upon the request of the Client, <br /> the Engineer agrees to perform Additional Services hereunder, the Client shall pay the <br /> Engineer for the performance of such Additional Services an amount (in addition to all <br /> other amounts payable under this Agreement) equivalent to (1) the current hourly rates <br /> CD-111 (01/88) 4 <br />