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4. Upon receipt of a properly invoiced payment request, the City shall pay the amount due less any <br /> amounts allowed to be retained or withheld by the City under this Agreement within 60 days of <br /> receipt of the invoice. <br /> 5. Upon satisfactory completion of the work performed hereunder and prior to final payment under <br /> this Agreement, and as a condition precedent thereto, the Consulting Engineer shall execute and <br /> deliver to the City's Representative a release of all claims against the City arising under or by <br /> virtue of this Agreement. <br /> 6. The Consulting Engineer and City hereby expressly acknowledge and agree that the Local <br /> Government Prompt Payment Act does not apply to this Agreement. <br /> E. In the event of termination by City under Section IV.E upon the completion of any phase of the Basic <br /> Services, progress payments due to the Consulting Engineer for services rendered through such phase <br /> shall constitute total payment for such services. In the event of such termination by City during any <br /> phase of the Basic Services, Consulting Engineer also will be reimbursed for the charges of <br /> independent professional associates and consultants employed by Consulting Engineer to render <br /> Basic Services, and paid for services rendered during that phase on the basis of Consulting Engineer's <br /> Direct Labor Costs times a factor defined in Section V.A. of this Agreement for services rendered <br /> during that phase to date of termination by Consulting Engineer's principals and employees engaged <br /> directly on the Project. In the event of any such termination, Consulting Engineer will be paid for all <br /> unpaid Additional Services rendered to date and unpaid Reimbursable Expenses that may have <br /> 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 , 2013 <br /> THE i.ECLIIRIIS <br /> By• <br /> M <br /> A S <br /> ity Clerk <br /> Bainbridge, Gee, Milanski& Associates <br /> By: ;�"Z��e- a- <br /> President <br /> Last Revised: 10/17/2012 <br />