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<br />e <br /> <br />e <br /> <br />7. Terms of Payment - Payment of fees as determined under Paragraph 5 <br /> <br /> <br />herein above shall be due and payable by Owner within thirty (30) days <br /> <br /> <br />following receipt of Engineer's monthly invoice. <br /> <br /> <br />8. Additional Services - Additional services beyond those described in the <br /> <br /> <br />Scope of Services will be invoiced on the basis of direct labor cost times a <br /> <br /> <br />factor of 2.99 and direct cost plus 10%. <br /> <br /> <br />9. Termination - The Owner may terminate this contract at any time by <br /> <br /> <br />giving seven (7) days' notice in writing to the Engineer. In that case, all <br /> <br /> <br />finished or unfinished documents and other materials produced under this <br /> <br /> <br />contract, shall become the Owner's property. If the contract is terminated <br /> <br /> <br />by the Owner in accordance with this provision, Engineer shall be paid for <br /> <br /> <br />all services performed to the date of termination. Engineer may terminate <br /> <br /> <br />this contract upon seven days' written notice in the event of substantial <br />failure by the Owner to perform in accordance with the terms hereof <br />through no fault of the Engineer. <br />10. Governing Law - This Agreement shall be deemed to have been made <br />under, and shall be construed and interpreted in accordance with the laws <br /> <br />of the State of Texas. The venue of any suit for enforcement or <br /> <br /> <br />construction of this contract shall be in Harris County, Texas <br /> <br /> <br />11. Dispute Resolution - The parties will attempt in good faith to resolve any <br /> <br /> <br />controversy or claim arising out of or relating to this agreement promptly by <br /> <br /> <br />negotiation between senior executives of the parties who have authority to <br /> <br /> <br />settle the controversy. The disputing party shall give the other party written <br /> <br />Agreement - 3 of 5 <br />