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?.. <br />? <br />? <br />SECTION 5-PAYMENTS TO ENGINEER <br />5.1. Methods of Payment for Services and Expenses <br />of ENGIIVEER. <br />5.1.1. For Basic Services. OWNER shall pay EN- <br />GINEER for Basic Services rendered under Section 1 <br />(as amended and supp)emented by Exhibit A"Further <br />Description of Basic Engineering Services and Related <br />Matters") a professional fee of $ 1 000 plus an <br />amount equal to ENGINEER's Direct Labor Costs <br />times a factor of ?_?q for overhead. <br />5.1.2. Additional Ser?>ices. OWNER shall pay EN- <br />GINEER for Additional Services rendered under Sec- <br />tion 2 as follows: <br />5.1.2.1. General. For Additional Services ren- <br />dered under paragraphs 2.1.1 through 2.1.17, inclu- <br />sive (except services covered by paragraph 2.1.7 and <br />services as a consultant or witness under paragraph <br />2.1.16), on the basis of Direct Labor Costs times a <br />factor of 2. 6_ for services rendered by princi- <br />pals and employees assigned to the Project. <br />5.1.2.2. Specia! Coi:sultants. For services and <br />reimbursable expenses of special consultants em- <br />ployed by ENGINEER pursuant to paragraph 2.1.7 <br />or 2.1.17, the amount billed to ENGINEER therefor <br />times a factor of 1. 1, <br />5.1.2.3. Serving as a Witness. For the services <br />rendered by principals and employees as consultants <br />or witnesses in any litigation, hearing or proceeding <br />in accordance with paragraph 2.1.16, at the rate of <br />$.. 4 0 0 - 0?per day or any portion thereof (but com- <br />pensation for time spent in preparing to appear in <br />any such litigation, hearing or proceeding will be on <br />the basis provided in paragraph 5.1.2.1). <br />5.1.2.4. Resident Project Services. For resident <br />services during construction furnished under para- <br />graph 2.2.1, on the basis of Direct Labor Costs times <br />a factor of __L_$_for services rendered by prin- <br />cipals and employees assigned to field offices in con- <br />nection with resident Project representation. <br />5.1.3. Reimbursable Expenses. In addition to pay- <br />ments pmvided for in paragraphs 5.1.1 and 5.1.2, <br />OWNER shall pay ENGINEER the actual costs of all <br />Reimbursable Expenses incurred in connection with <br />all Basic and Additional Services. <br />? <br />mw <br />5.1.4. The "Direct Labor Costs" and "Reimbursable <br />Expenses" wi11 have the meanings assigned to them in <br />paragraph 5.4 which appears on the reverse side of this <br />page. <br />5.2. Times of Payments. <br />5.2.1. ENGINEER shall submit monthly statements <br />for Basic and Additional Services rendered and for <br />Reimbursable Expenses incurred. The amount of EN- <br />GINEER's professional fee billed will be based upon <br />ENGINEER's estimate of the proportion of the total <br />services actually comp]eted at the time of billing. <br />OWNER shall make prompt monthly payments in re- <br />sponse to ENGINEER's monthly statements. <br />5.3. Other Provisions Concerning Payments. <br />5.3.1. If O WNER fails to make any payment due EN- <br />GINEER for services and expenses within sixty days <br />after receipt of ENGINEER's bill therefor, the <br />amounts due £NGINEER sHall include a charge at the <br />rate of 1% per month from said sixtieth day, and in <br />addition, ENGINEER may, after giving seven days' <br />written notice to OWNER, suspend services under this <br />Agreement until he has been paid in full all amounts <br />due him for services and expenses. <br />5.3.2. In the event of termination by OWNER under <br />paragraph 7.1 upon the completion of any phase of the <br />Basic Services, progress payments due ENGINEER <br />for services rendered through such phase shall consti- <br />tute total payment for such services. In the event of <br />such termination by OWNER during any phase of the <br />Basic Services, ENGINEER will be paid for services <br />rendered during that phase on the basis of Direct Labor <br />Costs times a factorof2,6_.for services rendered <br />during that phase to date of termination by principals <br />and employees assigned to the Project. In the event of <br />any such termination, ENGINEER will be paid for all <br />unpaid Additional Services and unpaid Reimbursable <br />Expenses, plus all termination expenses. Termination <br />expenses mean Reimbursable Expenses directly attril>- <br />utable to termination, which shall include an amount <br />computed as a percentage of total compensation for <br />Basic Services earned by ENGINEER to the date of <br />termination, as follows: <br />207o if termination occurs after commencement of <br />the Pretiminary Design Phase but prior to com- <br />mencement of the Final Design Phase; or <br />107o if termination occurs after commencement of <br />the Final Design Phase. <br />Page 9 of _1 5- - pages