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5.2 Times of Payment. <br />5.2.1 ENGINEER shall submit monthly statements for basic and additional services rendered <br />and for reimbursable expenses incurred. When compensation is on the basis of a lump sum or <br />percentage of construction cost, the statements will be based upon ENGINEER's estimate of the <br />proportion of the total services actually completed at the time of billing. Otherwise, these <br />monthly statements will be based upon ENGINEER's salary cost times a factor. OWNER shall <br />make prompt monthly payments in response to ENGINEER's monthly statements. <br />5.2.2 Where compensation for basic services is on the basis of a lump sum or percentage of <br />construction cost, OWNER shall, upon conclusion of each phase of basic services, pay such <br />additional amount, if any, as may be necessary to bring total compensation paid on account of <br />such phase to the following percentages of total compensation for all phases of basic services. <br />Of the total fees due, the percentages to be paid under the various phases of work are as follows: <br />preliminary phase 30%, design phase 53%, bid and negotiation phase 2% and construction phase <br />15%. The OWNER shall approve invoices on a monthly basis for work performed under the <br />basic service fee and also for special services rendered. The OWNER will promptly pay monthly <br />invoices as submitted by the ENGINEER in accordance with this Agreement. <br />5.3 General <br />5.3.1 The construction cost of the entire Project (herein referred to as "construction cost") <br />means the total cost of the entire Project to OWNER, but it will not include ENGINEER's <br />compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to <br />properties unless this Agreement so specifies, nor will it include OWNER's legal, accounting, <br />insurance counseling or auditing services, or interest and financing charges incurred in <br />connection with the Project. When construction cost is used as a basis for payment, it will be <br />based on one of the following sources with precedence in the order listed: <br />-17- <br />