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e-ON s,10 Mutti-Prime Contracts. If ClieL?,.,wards more than aue priaie contract for Project constructioq designate a person or organization to coordinate the activities of the various prime contractors. 311 Ancillary Costs. If the Construction Cost includes the cost of the activities described in 3.7 through 3.10, provide an estimate of such costs to Malcolm Pirnie for Project cost estimating purposes. 3.12 Meetings. Attend the pre-bid conference, bid opening, pre-construction conference, construction progress and other job related meetings, and Substantial Comple6on and F'inal Payment inspections. 3.13 Project Developments. Give prompt written notice to Malcolm Pirnie whenever Client observes or otherwise becomes aware of any development that affects the scope or timing of Malcolm Pirnie's services, or any defect or non- conformance in the work of any Contractor. SECTION 4- PERIODS OF SERVICE 4.1 Time of Performance. Sections 4 and 5 anticipate the orderly and continuous progress of the Projed through completion of construc6on. The time of performance is the period reasonably expected to be required for the design, award of contracts, construction and initial operation of the Project, including any necessary Client or regulatory agency review and approval. 4.2 Delays. If Schedule A specifies periods of time for performance of services or specific dates by wluch services are to be completed and if such periods or dates are exceeded through no fault of Malcolm Pirnie, the compen- sation specified under Section 5 shall be subjed to equitable adjustment. 43 Start of Performance. Malcolm Pirnie will start the Basic Services upon authorization by the Client. Unless otherwise stated in this Agreement, signing of this Agree- ment by both the Client and Pirnie will constitute such authorization. If Client elects to authorize Malcolm Pirnie to proceed before signing this Agreement, Malcolm Pirnie shall be paid as if the services had been performed after both parties signed the Agreement. 4.4 Completion of Performance. For the purposes of final payment under Section 5, completion of Malcolm Pirnie's services will occur: 4.4.1 for a study, investigation or planning activity: upon delivery of the fmal report as specified in Schedule A or B, as appropriate; 4.4.2 for a design activity: when the Bid Set of Contract Documents is delivered as speci5ed in Schedule A; 4.4.3 for a biL,.,,g or construction contract negotiation activity: upoa issuance by the Client of notice of award of the construction contract; 4.4.4 for a construction activity: when written recommen- dation of final payment for the last prime construc- tion contract of the Project is issued; and 4.45 for a startup or operations activity: upon the earlier of successful completion of acceptance testing by the Contrador or beneficial occupancy by the Client but, in any event, not later than one year after Substantial Completion. 4.5 Force Majeure. If a force, event, or circumstance beyond Malcolm Pirnie's control interrupts or delays Malcolm Pirnie's performance, the time of performancc of the Basic or Additional Services shall be equitably adjusted. SECTION 5 - COMPENSATION 5.1 Basic Services. Client shall pay Malcolm Pirnie the Amount stated in invoices issued in accordance with Sched- ule C[Prlcing Schedule] for adual work performed and Reimbursable Expenses incurred during the period covered by the invoice. Invoices are due and payable within 30 days after receipt by the Client. 5.2 Add[tional Servlces. Client shall pay Malcolm Pirnie for Additional Services authorized and actually performed in accordance with monthly invoices issued in accordance with the Pricing Schedule. 53 Litigation Services. If Client requires Malcolm Pirnie's services either as a witness in, or in support of, litigation or other dispute resolution procedures between Client and a third party, Malcolm Pirnie will provide such services in accordance with the Pricing Schedule. : 5.4 Delay or Termination. 5.4.1 If Client delays the performance of, or payment for, services under this Agreement for more than 3 months for a reason(s) other than Malcolm Pirnie's fault, Malcolm Pirnie may suspend performance until it receives payment in full for services ren- dered and expenses incurred to the date of suspen- sion. 5.4.2 If Client terminates this Agreement prior to com- pletion of the Basic Services, Malcolm Pirnie shall be paid in full for services rendered and expenses incurred to the date of terminatioq including reasonable demobilization and termination expens- es. SS Disputed Amounts. Notwithstanding the provisions of Section 7, if Client disputes an item(s) or amount(s) con- NODFS.C/djl 1943003