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1 <br /> THE OR NER AGREES, <br /> S i T <br /> 1. Payment for all services rendered under the term, of th s AGREEMEI�T shall be <br /> based on tiine spent on each of the individual tasks in accordance with the attached <br /> Schedule of Charges. The total of engineering invoicing shall not exceed $64,000.00 <br /> without written authorization. <br /> 2. The ENGINEER may submit monthly or periodic statements requesting payment. <br /> Such statements shall be based upon the amount and value of the services provided and <br /> expenses incurred by ENGINEER to the date of the stateinent and shall be supplemented <br /> or accompanied by such supporting data as may be required by SDD. <br /> 3. The SDD agrees, to the fullest extent permitted by law, to indemnify and hold <br /> harmless the ENGINEER, its officers, directors, employees and subconsultants <br /> (collectively, ENGINEER) against all damages, liabilities or costs, including reasonable <br /> attorneys' fees and defense costs, to the extent caused by the SDD's negligent acts in <br /> connection with the Project and the acts of its contractors, subcontractors or consultants <br /> or anyone for whom the SDD is legally liable. <br /> IT IS MUTUALLY AGREED, <br /> 1. The ENGINEER shall not be responsible for any time delays in the PROJECT <br /> caused by circumstances beyond the ENGINEER's control. <br /> 2. The SDD may at any time, by written order, make changes within the general scope of <br /> this AGREEMENT in the services or work to be performed. If such changes cause an <br /> increase or decrease in the ENGINEER's cost or time required to perform any services <br /> under this AGREEMENT, an equitable adjustment shall be made and this <br /> AGREEMENT shall be modified in writing. The ENGINEER must assert any claim <br /> for adjustment under this clause in writing within 30 days from the date of receipt of the <br /> ENGINEER of the notification of change unless the SDD grants additional time before <br /> the date of final payment. No services for which an additional compensation will be <br /> charged by the ENGINEER shall be furnished without the written authorization of the <br /> SDD. <br /> 3. Services resulting from significant changes in general scope of the PROJECT <br /> including, but not limited to, changes in size, complexity, SDD's schedule, or character <br /> of construction; and revising previously accepted studies, reports, design documents ol• <br /> contract documents when such revisions are due to causes beyond ENGINEER's <br /> control, shall be considered as a Change in Scope. <br /> BGM 08-071C Page 4 <br />