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5. Time of Performance <br /> Engineering services shall be performed for a period which may reasonably be required for <br /> the construction of the PROJECT which is anticipated to be 546 calendar days from a <br /> Notice to Proceed from the OWNER and for the Project Performance Period <br /> 6. Standard of Care <br /> That they have the skills and expertise, and the necessary trained personnel available for the <br /> performance of the duties for which it is haired, and it agrees that in the event of a dispute <br /> with the OWNER, the ENGINEER'S performance of all duties under the Agreement shall <br /> be judged by a standard of care and skill ordinarily exercise by members of the same <br /> profession currently practicing under similar circumstances. <br /> THE OWNER AGREES, <br /> 1. Payment for all services rendered under the terms of this AGREEMENT shall be based <br /> on time spent on each of the individual tasks in accordance with the attached Schedule of <br /> Charges. Said Schedule of Charges shall be updated annually based on salary adjustments. <br /> The total of engineering invoicing shall not exceed $150,000.00 without written <br /> authorization. <br /> 2. The ENGINEER may submit monthly or periodic statements requesting payment. Such <br /> statements shall be based upon the amount and value of the services provided and expenses <br /> incurred by ENGINEER to the date of the statement and shall be supplemented or <br /> accompanied by such supporting data as may be required by OWNER. <br /> 3. The OWNER 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 OWNER's negligent acts in <br /> connection with the Project and the acts of its contractors, subcontractors or consultants or <br /> anyone for whom the OWNER is legally liable. <br /> IT IS MUTUALLY AGREED, I, <br /> 1. The ENGINEER shall not be responsible for any time delays in the PROJECT caused <br /> by circumstances beyond the ENGINEER's control. <br /> BGM 01-038C Page 5 <br />