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<br />e <br /> <br />e <br /> <br />6.1.2. For Special Services <br />OWNER shall pay ENGINEER for Special Services perfonned or furnished under Article 3 on the <br />basis set forth in Exhibit A. <br /> <br />6.1.3. - For Reimbursable Expenses <br />In addition to payments provided for in paragraphs 6.1.1 and 6.1.2, OWNER shall pay ENGINEER <br />for Reimbursable Expenses incuITed by ENGINEER and ENGINEER's Subcontractors as set forth <br />in Exhibit A. The amount payable for Reimbursable Expenses will include a factor to the extent so <br />indicated in Exhibit A. <br /> <br />6.1.4. Tax on Services <br />The amount of any excise, VAT or gross receipts tax that may be imposed shall be added to the <br />compensation as detennined above. <br /> <br />6.2. Other Provisions Concemine: Payments <br /> <br />6.2.1. Preparation of Invoices <br />Invoices for Basic and Special Services and ReiI:nbursable Expenses will be prepared in accordance <br />with ENGINEER's standard invoicing practices and will be submitted to OWNER by ENGINEER <br />at least monthly. The amount billed for Basic Services and Special Services in each invoice will be <br />calculated on the basis set forth in Exhibit A. Invoices are due and payable on receipt <br /> <br />6.2.2. Unpaid Invoices <br />If OWNER, for any reason, including, but not limited to, the failure of its systems to be Year 2000 <br />Compliant, fails to make payment due ENGINEER for services and expenses within thirty days after <br />receipt of ENGINEER's invoice therefor, the amounts due ENGINEER will be increased at the rate <br />of 1.0% per month (or the maximum rate of interest pennitted by law, if less) from said thirtieth day; <br />and, in addition, ENGINEER may,. after giving seven days' written notice to OWNER, suspend <br />Services under this Agreement until ENGINEER has been paid in full all amounts due for services, <br />expenses and charges. Payments will be credited flJ'St to interest and then to principal. In the event <br />of a disputed or contested billing, only that portion so contested may be withheld from payment, and <br />the undisputed portion will be paid. <br /> <br />OWNER agrees to pay ENGINEER all costs of collection including but not limited to reasonable <br />attorneys' fees, collection fees and court costs incuITed by ENGINEER to .collect properly due <br />payments. <br /> <br />ARTICLE 7 - OPINIONS OF COST <br /> <br />7.1. Opinions of Probable Construction Cost <br /> <br />ENGINEER's opinions of probable Construction Cost provided for herein are to be made on the basis of <br />ENGINEER's experience and qualifications and represent ENGINEER's best judgment as an experienced <br />and qualified professional engineer generally familiar with the construction industry. However, since <br />ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or <br />over the Contractor's methods of detennming prices, or over competitive bidding or market conditions, <br />ENGINEER cannot and does not guarantee that proposals, bids or actual Construction Cost will not vary from <br />opinions of probable Construction Cost prepared by ENGINEER. If OWNER wishes greater assurance as to <br />probable Construction Cost, OWNER shall employ an independent cost estimator as provided in paragraph <br />4.6.1. <br /> <br />Page 6 of 10 <br /> <br />1/99 <br />