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<br />e <br /> <br />e <br /> <br />connection with services provided under 5.1. 4 (excluding 5.1.4.4) of the Project <br />for: transportation and subsistence incidental thereto; obtaining bids or proposals <br />from Contractor(s); toll telephone and similar related items in addition to those <br />required under Section 1; computer tUne including an appropriate charge for <br />previously established programs; and, if authorized in advance by OWNER, <br />overtime work requiring higher than regular rates. <br /> <br />5.3.4 If OWNER fails to make payment for monthly invoices due ENGINEER for <br />services and expenses within 30 days after receipt of ENGINEER'S bill; therefore, <br />the amounts due ENGINEER shall include a charge at the rate of 1.5 percent per <br />month from said 30th day, and in addition ENGINEER may, after giving 7 days' <br />written notice to OWNER, suspend services under this Agreement until he has <br />been paid in full all amounts due him for services and expenses, except where <br />detailed in paragraph 5.2.1. If contract is terminated by reason of nonpayment of <br />fees as set out in this paragraph, a lump sum payment will be made for all salary <br />costs times a factor of 3 .25 and all direct expenses times a factor of 1.10. This <br />stipulation is applicable to payments due ENGINEER during the Project period. <br /> <br />5.3.5 Included in the basic fee are the following miscellaneous expenses such as but not <br />limited to telephone, reproduction, printing, et cetera, that are related to <br />performance of basic services. <br /> <br />SECTION 6 - GENERAL CONSIDERATIONS <br /> <br />6.1 Re-use of documents. All documents including drawings and specifications furnished by <br />ENGINEER pursuant to this Agreement are instruments of his services in respect of the <br />Project. They are not intended or represented to be suitable for re-use by OWNER or <br />others on extensions of the Project or on any other Project. Any re-use without specific <br />written verification or adaptation by ENGINEER will be at OWNER'S sole risk and <br />without liability or legal exposure to ENGINEER, and OWNER shall indemnify and hold <br />harmless ENGINEER for all claims, damages, losses and expenses including attorney's fee <br />arising out of or resulting therefrom. Any such verification or adaptation will entitle <br />ENGINEER to further compensation at rates to be agreed upon by OWNER and <br />ENGINEER. <br /> <br />6.2 Estimate of Cost. <br /> <br />6.2.1 Since ENGINEER has no control over the cost oflabor, materials or equipment, <br />or over the Contractor(s) methods of determining prices, or over competitive <br />bidding or market conditions, his opinions of probable Project cost or construction <br />cost provided for herein are to be made on the basis of his experience and <br />qualifications and represent his best judgment as a design professional familiar with <br /> <br />14 <br />