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§ 11.10.2 Progress Payments <br /> § 11.10.2.1 Unless otherwise agreed,payments for services shall be made monthly in proportion to services <br /> Performed.Payments are due and payable upon presentation of the Engineer's invoice.Amounts unpaid Thirty{30 j <br /> days atter the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate <br /> Prevailing from time to time at the principal place of business of the Engineer. <br /> Five Percent Per Annum(5%) <br /> § 11.10.2.2 The Owner shall not withhold amounts from the Engineer's compensation to impose a penalty or <br /> liquidated damages on the Engineer,or to offset sums requested by or paid to contractors for the cost of changes in the <br /> Work,unless the Engineer agrees or has been found liable for the amounts in a binding dispute resolution proceeding. <br /> § 11.10.2.3 Records of Reimbursable Expenses,expenses pertaining to Supplemental and Additional Services,and <br /> services performed on the basis of hourly rates shall be available to the Owner upon request and at mutually <br /> convenient times. <br /> ARTICLE 12 SPECIAL TERAS AND CONDITIONS <br /> Special terms and conditions that modify this Agreement are as follows: <br /> (Include other terms and conditions applicable to this Agreement) <br /> § 12.1 Use of EIectronic Files <br /> Data,contained on the Engineer's electronic files are part of the Engineer's Instruments of Service and shall not be <br /> used by the Owner,Contractor,or Owner's representative,or anyone else receiving this data through or from the <br /> Owner,Contractor,or Owner's representative for any purpose other than as a convenience in the preparation of <br /> drawings for the referenced project. Any other use or reuse by the Owner,Contractor,or Owner's representative will <br /> be at their sole risk and without liability or legal exposure to the Engineer. The Owner,Contractor,or Owner's <br /> representative shall make no claim and hereby waive,to the fullest extent permitted by law,any claim or cause of <br /> action ofany,nature against the Engineer,our officers,directors,employees,agents or subconsultants that may arise <br /> out of or in connection with the Owner,Contractor,or Owner's representative's use of the electronic files. <br /> Furthermore,the Owner shall,to the fullest extent permitted by law,indemnify and hold the Engineer harmless against <br /> all damages,liabilities or costs,including reasonable attorneys'fees and defense costs,arising out of or resulting from <br /> the Owner,Contractor,or Owner's representative use of these electronic files. <br /> These electronic files are neither construction documents nor record documents. Differences may exist between these <br /> electronic files and corresponding hard-copy construction documents and existing field conditions. The Engineer <br /> makes no representation regarding the accuracy or completeness of the electronic files received. In the event that a <br /> conflict arises between the existing field conditions and the electronic files,the existing field conditions govern. The <br /> Owner,Contractor,or Owner's representative are responsible for determining if any conflict exists. <br /> Because information presented on the electronic files can be modified,unintentionally or otherwise,the Engineer <br /> reserves the right to remove all indicia of ownership and/or involvement from electronic display.Under no <br /> circumstances shall delivery of the electronic files for use by the Owner,Contractor,or Owner's representative be <br /> deemed a sale by the Engineer,and the Engineer makes no warranties,either express or implied,of merchantability <br /> and fitness for any particular purpose. In no event shall the Engineer be liable for any lass of profit or any <br /> consequential damages as a result ofthe Owner,Contractor,or Owner's representative use or reuse of these electronic <br /> files. <br /> ARTICLE 13 SCOPE OF THE AGREEMENT <br /> § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Engineer and <br /> supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be <br /> amended only by written instrument signed by both the Owner and Engineer. <br /> § 133 This Agreement is comprised of the following documents identified below: <br /> In€t. AIA Document 8101--2017.Copyright 01974,1978,1987,1997,2007 and 2017 by The American Institute of Architects.AN rights reserved.The"American <br /> Ins itute of Architects,'"AIA,"the AIA LcSo,and"AIA CantDocuments"are r <br /> egrStsfedproduced by AIA software at 16:49:33 ET on 1 trademarksand may not it without salon, dfo document was <br /> � 0!2812029 under Order No.0378037t372 which expires on 08!23/2022,IS not for resale,is licensed for pts-tirtte use �5 <br /> only,and may only be used in accordance with the AIA Contract Document Terms of Service.To report copyright violations,e-mail <br /> User Notes: coPyrygf> aia.org. <br /> (1733055828) <br />