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C�Vadajs)` a�lications for payment, antl any inspection services to �lermine if�r►4a!�ad�i are perfaming the v�ork �X -Fumi&h approvals and permits from dl �orvrtwr��+l autl�orities having � �� over the Prqect. 4.0 PAYMENT CF FEES 4.1. Fees Are In Accordance M1'� Letter l�reemeat 4.1 1. The ENGINEER'sfeesshall be in accasdattcewith the LetterAgreement. Unless stated ott+e�vr'4se in the 4�f16f Agreemeni, fees cb not indudereimbursable e�enses which are billeddirect in acCOrdance with puag�aph 42. 4.1.2. Fixetl fees shall be pay� in fulE wtien the ENGINEERs services are ccmg�leted. I� 1he prtryect is suspended for more lh� 90 days a� ternanated, tl�e ENGINEER shal be paid his complete fixed f�e or an the basis of 1� time spenl on IJ�p wak at his sland�rd haniy rat�s, whicheveris less. 4.1.3. If OWNER fails to make any payment due ENGINEER for services and expenses within thirty days ailer receipt of ENGINEER'sslatement therefore, the �rwunt due ENGINEER will be increased at the rate af 1.5% per monfh irom lhe dateof the invoice, and in addition, ENGINEER may, after giving seven days' written nadce to WM1ER, suspend services under this Agreement until ENGINEER has been paid i n full all amounfs due for sen�ces, expenses arid charg�s. OWNER shall also pay all cosls of cdtection of unp�d fees and e�enses, induding allome�'s fees and the f985o�1iG1� time of ENGINEER and his empbyees based on the si�ard Fa� schedule. 4.1.4. The owner shall review enginee�'s invoices prompqy when received and shall notifyengineer of any objection to said invoices. It is agreed that if in the owne�'s opinion, said invoice is inconsistent with lhis agreement, he shall object to said invoice wilhin 30 days of the date of the invoice. Aftef 30 days of the date of the invoice, the c�umer waives his right to objeCt 9a said invoices. 42. Reimbursabk F�enses �.�f. Reirr�b�A7abl�b ��e�5�3 m the actU� expenses L�p„ Ib' _ �ISffzRar�-�IHE�F b�entlrnl pr�essiaia! associatesor consultants directly a� in�irediy n connection wilh the Project, #� as expenses for. tsansporf�ion; repraluction of reports, Drawings, SpeCiftcafions, BiddingQocuments and similarProjeci related items; chazges levied by dl�s for �i+l� requiredlo perform ihe work (oopies of record plans, ma�, deeds, speaal+zeddoCUr�nts, etc.); filingfees; petmit�p5�fees, etc.; arxl if authonzedin advanceby OWNER, overtimework requiring higherthan regularrates. SECf20N 5 - MISCELUWEat1S 5.1. an�al �laq�i►emenb 5.1.1. Since ENGINEER has no �ntro� over fhe costa# laba, matsriafs� 'e�iPrt�nt � services tumi�ed by others or aMer Lhe �onlra�ar��' me#�rfs d�e�brrr:r� prive�. ¢ awer competitive � a market amditions. ENGINEER's apinions of � ob�FJe Tok� Price Costs and �onstNCti� Cost prv�,+�d fa' herein 3�b to t�e mac� rn the basis cf ENGINEERs �ap�rrt� axJ represent ENGINEERsbest judgment, bti+. ENGINEERcannot ad does not guarantee th2it prop� �k or rkd T�I Projr�7 rc C�r�iv�ifri �' will not vary from opinions of probaWe c�sf prepared b�r ENGINEER 5.1.2. The �g� to �rovi� (urther ssNicea undar this Ac,�eeme�t may be terminated t� eitl�er parly i.pon seven days' written no�e in the went � substantialfailure try �oih� party to pertam i n acC�rdance with the ierms hereof through no fautt of ihe terminating party. 5.1.3. This Agreement is to be govemed by ihe laws aF the prc�ed location. 5.1.4. Nothing un� this AQrcement shall be construed I o give any rights or benetits in �hh �raern to anyone oiher than OWNERaYi ENGINEER and ati duties and tesponsibilities undertaken pursua�t to this Agreement will be for the sole and e�cclusive benefit of OWNER and ENGINEER and not for the benefitof arry other party. 5.1.5. Any hazardous waste, undergmund storage tanks, or asbestos required to be removed, �� or �terwise oontained c�ring the course � this �q�i �il be removed, encapsul�ed or otheswise containedas re�uired by law, rules� raqAr�on� or qf�lb t� OWNER, acting Ihrvui� ¢�afied professionalsand Contrsctors. S'�54�+� F�u�� k�iJaG Page 2 of 2