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KllVII�EY-HURN AND ASSUCIATCS,INC.
<br />STAN�ARD PROVISIOIYS
<br />(1) Consultani's Scope of Services az�d Additional Services. '1'he Consultant's undertakin� io perfonn professional
<br />services extends on[y to the services specifically described in tl�is A�reement. However, if requested by the CEient and
<br />agreed to by the Consultatit, the Consaltant will perfor�n Additional Services, which shall be governed by these provisions.
<br />Unless otherwise agread to in writing, the C[ient sha{I pay the Consultant for any Additional Services an amount based upon
<br />the Consulfant's then-current hourly rates.
<br />(2) C19ent's Rcsponsibilities. In addition to other responsibilities described herein or imposed by law, the Client shall;
<br />(a) llesignate in w��iting a person to act as its representative witli respect to this Agreement, such person havin� comptete
<br />authority to transmit instructions, receive information, and make or interpret the CLient's decisions.
<br />(b) Pz•ovide all informiation and criteria as to the Client's requireme❑ts, objectives, and expectataons for the project including
<br />all numericaf criteria that are to be met and all standards of developme�t, design, or construction,
<br />(c) Provide to the Consultant alt previous studies, plans, or other doeuments pe�tainin� to the project and all new data
<br />reasonably necessary in the ConsultanYs opinion, such as site survey and engineea�ing da#a, environmen#al impact
<br />assessments or statements, �pon ail of which the Consultant may rely.
<br />(d) Arrange for access to the site and other private oi• public properry as required for the Consultant to provide its services.
<br />(e) Ctevicw all docu�nents or oral reports presented by the Consuliant and rendet� in writing decisions pertaining thereto
<br />within a reasonable time so as not to delay the services oFthe Consultant.
<br />(� I'urnish approvals and permits from gove��nmental authorities having jurisdiction over the project and approvals and
<br />consents fi•om other parties as may be necessary for completion of the Consu3tant's services.
<br />(g) Cause to be provided such independent accounting, legal, insurance, cost estimating and overall feasibility services as
<br />the Client may require.
<br />(h) Give prompt written notice to the Consultant whenever the Clienc becomes aware of any development that affects the
<br />scope, timin�, or payment of the Coa�sultant's services or any defect or noncompliance in any aspect af the project.
<br />{i) Bear all costs incidental to the responsibilities of the Client.
<br />(3) Period of Services. Untess otherwisc stated he►•ein, the Consultant will be�in work tirt►ely after receipt of a properly
<br />executed copy of this Agreement and any required retainer amount. This Agreemeni is made in anticipation of condiEions
<br />permittin� continuous and oa�dea•ly progress through complction of thc se�vices. 7'imes for performance shall be extended as
<br />necessary for delays or suspensions due to circumstanees that the Consultant does not conta�ol. If such delay or suspensior�
<br />extends far more than six months (cumulatively), Consultant's cornpensation shal� be rene�otiated.
<br />(4) Method of Payment. Compensation shali be paid to #he Consultant in accordancc with tl�e following provisions:
<br />(a) Invoices will be submEtted periodically for services performed and expenses incui7•ed. �ayment of each invoice will be
<br />due within 25 days of receipt. The Client shail also pay any applicable sales tax. All retainers witl be held by the
<br />Consultant for the duration of the project and applied againsE thc fi�ial invoice. Interest will be added to accounts not paid
<br />within 25 days at tlie maximum rate allowed by iaw. lf the Ctient fails to make any payment due to thc Consultant under
<br />this or any other ageeement within 30 days after the Consultant's transmittal of its invoice, the Consultant inay, after giving
<br />notice to the Client, suspend services and withhold deliverables until all ainounts due are paid in full and may con�mence
<br />proceedings, including fiting liens, to secure its right to pay�nent under this Agreement.
<br />(b) If the Client relies on payment or proceeds from a third party to pay Gonsultant and Ciient does not pay Consultant's
<br />invoice within b0 days of reeeipt, Consultant may communicate directly with sach fhird party to secu��e pay►r►ent.
<br />{c) If the Client objects to an invoice, iC must advise the Consultant in writing giving its reasons within 14 days of receipt of
<br />the invoice or the ClienYs objcctions will be waived, and the invoice shall conclusively be deemed due and owing. Tf the
<br />Ctienf objects to only a portion of the invoice, paymen# for all other portions remains due within 25 days of receipt.
<br />(d) If the Consu3tant initiates legal proceedings to colfect payment, it may recover, in addition to ali amounts dne, its
<br />reasonab(e attorn�ys' fees, reasonabEe exp�rts' fees, and other expenses related to the proceedings. Such expenses shall
<br />include tlie cost, at the Consultant's nor�nal hourly bilfing rates, of the ti�ne devoied to such proceedings by its e►nployees.
<br />(e) The Client agrees that the payment to the Consultant is not subject to any contingency ar condition. The Consultant
<br />may negotiate payment of any clteck tendered by the Client, even if the words "in full satisfaction" or words intended to
<br />have simiiar effect appear on the cl�eck without such negotiation being an accord and satisfaction of any dispuEed debt and
<br />without prejudicing any rigfifi of ihe Consultant to collcet additional amounts from the Ctient.
<br />{5) Use of Documen#s. All documents, including but not lin�ited to d��awin�s, specifications, reports, and data or programs
<br />stoeed elecEronically, prepared by tlie Consultant are related exclusively to the services described in this Agreement, and
<br />may be used only if the Clrent has satisfied all of its obligations under this Agreement. Tl�ey are not intended or represented
<br />to be suitable fo�• use, partia[ use or reuse by the Client oi• others on extensio�is of this project or on any ather project. Any
<br />3nodifications made by the Client to any of the CansultanYs docume�tts, or any use, pa��tial use or reuse of the docum�nts
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