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City of Decatur <br /> STRAND Page 6 <br /> ASSOCIATES, INC" June 10, 2011 <br /> E N G I N E E R S <br /> Payment <br /> OWNER shall make monthly payments to ENGINEER for Services performed in the <br /> preceding month based upon monthly statements. Nonpayment 30 days after the date of <br /> receipt of invoice may, at ENGINEER's option, result in assessment of a 1/4 percent per <br /> month carrying charge on the unpaid balance. <br /> Nonpayment 45 days after the date of receipt of invoice may, at ENGINEER's option, <br /> result in suspension of Services upon five calendar days' notice to OWNER. <br /> ENGINEER will have no liability to OWNER, and OWNER agrees to make no claim <br /> for any delay or damage as a result of such suspension caused by any breach of this <br /> Agreement by OWNER. Upon receipt of payment in full of all outstanding sums due <br /> from OWNER, or curing of such other breach which caused ENGINEER to suspend <br /> Services, ENGINEER will resume Services and there will be an equitable adjustment to <br /> the remaining project schedule and compensation as a result of the suspension. <br /> Data Provided by Others <br /> ENGINEER is not responsible for the quality or accuracy of data nor for the methods <br /> used in the acquisition or development of any such data where such data is provided by <br /> or through OWNER, contractor, or others to ENGINEER and where ENGINEER's <br /> Services are to be based upon such data. Such data includes, but is not limited to, soil <br /> borings, groundwater data, chemical analyses, geotechnical testing, reports, calculations, <br /> designs, drawings, specifications, record drawings, contractor's marked-up drawings, <br /> and topographical surveys. <br /> Termination <br /> This Agreement may be terminated with cause in whole or in part in writing by either <br /> party subject to a two-week notice and the right of the party- being terminated to meet <br /> and discuss the termination before the termination takes place. ENGINEER will be paid <br /> for all completed or obligated Services up to the date of termination. <br /> Third-Party Beneficiaries <br /> Nothing contained in this Agreement creates a contractual relationship with or a cause of <br /> action in favor of a third party against either OWNER or ENGINEER. ENGINEER's <br /> Services under this Agreement are being performed solely for OWNER's benefit, and no <br /> other party or entity shall have any claim against ENGINEER because of this Agreement <br /> or the performance or nonperW <br /> formance of Services hereunder. OWNER and ENGINEER <br /> agree to require a similar provision in all contracts with contractors, subcontractors, <br /> subconsultants, vendors, and other entities involved in the Task Order-specified project <br /> to carry out the intent of this provision. <br /> BLH:mro:dlh\R:\MAD\Documents\Agreements\D\Decatur,City of(IL)\TSA.201 I-2013\Agr\1524.1 10.dwc <br />