Agenda - 03-21-1989 - Laserfiche WebLink

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KIMLEY-HORN AT 3001 WESTON TEL No . 919 481 0062 Mar 16 ,89 15:34 P.06 for effort incurred by the Engineer in providing such Additional Services, plus (ii) the reimbursable direct expenses, as defined in paragraph (5) (b), so incurred by the Engineer in providing such services multiplied by a factor of 1.15. (7) Paymeni_f4': ,Yid. (a) Invoices will be submitted by the Engineer to the Client monthly for services performed and expenses incurred pursuant to this Agreement during the prior month. When the Engineer's compensation is on a lump sum fee basis, the statements will be based upon the portion of total Services actually completed at the time of billing. If the Engineer's compensation is on an hourly basis, the statements shall be based on time actually expended in providing the Services at the rates provided in Exhibit B. Payment of each such invoice will be due within twenty-five (25) days of the receipt thereof. A service charge will be added to delinquent accounts at the maximum rate allowed by law for each month of delinquency. If the Client fails to make any payment due the Engineer for services and expenses within sixty (60) days after the Engineer's transmittal of its invoice therefor, the Engineer may, after giving seven (7) days' written notice to the Client, suspend services under this Agreement until it has been paid in full all amounts due for services and expenses. (b) If the Client objects to any statement submitted by the Engineer,he shall so advise the Engineer in writing giving his reasons within fourteen(14) days of receipt of such bill. (c) The Client acknowledges and agrees that the payment for services rendered and expenses incurred by the Engineer pursuant to this Agreement is not subject to any contingency unless the same is expressly set forth in this Agreement. (8) pm ot Documents. All documents, including drawings, specifications, and data or programs stored electronically, prepared or furnished by the Engineer (and the Engineer's independent professional associates and consultants) pursuant to this Agreement are instruments of service in respect to the Project and the Engineer shall retain an ownership and property interest therein whether or not the Project is completed. At its expense, the Client may make and retain copies for information and reference in connection with the use and occupancy of the Project by the Client and others; however, such documents are not intended or represented to be suitable for reuse by the Client or others on extensions of the Project or on any other project, Any reuse without written verification or adaptation by the Engineer for the. specific purpose intended will beat the Client's sole risk and without liability or legal exposure to the CD-111 (01/88) 5