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4. Time and Manner of Payments. Upon receipt of a properly invoiced payment request,the City <br /> shall pay the amount due less any amounts allowed to be retained or withheld by the City under <br /> this Agreement within 60 days of receipt of the invoice. <br /> 5. Release of Claims.Upon satisfactory completion of the work performed hereunder and prior to <br /> final payment under this Agreement,and as a condition precedent thereto,the Consulting <br /> Engineer shall execute and deliver to the City's Representative a release of all claims against the <br /> City arising under or by virtue of this Agreement. <br /> 6. Local Government Prompt Payment Act The Consulting Engineer and City hereby expressly <br /> acknowledge and agree that the Local Government Prompt Payment Act does not apply to this <br /> Agreement. <br /> E. PAYMENT UPON TERMINATION In the event of termination by City under Section IV.E upon <br /> the completion of any phase of the Basic Services,progress payments due to the Consulting Engineer <br /> for services rendered through such phase shall constitute total payment for such services. In the event <br /> of such termination by City during any phase of the Basic Services,Consulting Engineer also will be <br /> reimbursed for the charges of independent professional associates and consultants employed by <br /> Consulting Engineer to render Basic Services,and paid for services rendered during that phase on the <br /> basis of Consulting Engineer's Direct Labor Costs times a factor defined in Section V.A.of this <br /> Agreement for services rendered during that phase to date of termination by Consulting Engineer's <br /> principals and employees engaged directly on the Project. In the event of any such termination, <br /> Consulting Engineer will be paid for all unpaid Additional Services rendered to date and unpaid <br /> Reimbursable Expenses that may have accrued to date. <br /> This Agreement is made between the City and the Consulting Engineer entered into on the last date <br /> written below. In witness,the parties have executed this Agreement. <br /> DATED this day of ,2022 <br /> THE CITY OF DECATUR I LINOIS <br /> By: <br /> ' <br /> Mayrn <br /> T: <br /> City rk <br /> CONSULTING ENGINEER FIRM <br /> $Y: 14 7-1-� <br /> 11 <br /> Last Revised:4/4/2022 <br />