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� ' � incurred specifically in fulfilling the terms of this AGREEMENT such as, but not limited to, <br /> outside professional services, stakes, blueprints, supplies, toll ca.11s, transportation and <br /> subsistence shall be at the actual cost plus five(5)percent. The aggregate of all charges for <br /> the above work shall not exceed a maximum amount of$11,000.00. <br /> 2. The not to exceed amount specified in Paragraph 1 of THE CITY AGREES is based on an <br /> estimate of the level of service requested by the CITY. At such time as the aggregate of the <br /> charges is within 90 percent of the m�imum,the CITY will be notified in writing. <br /> 3. That payment to the ENGINEER for services rendered in accordance with Section 1 of THE <br /> CTTY AGREES will be made monthly by partial payments based upon costs to the <br /> ENGINEER. <br /> IT IS MUTUALLY AGREED, � <br /> 1. Disputes: That any differences between the ENGINEER and the CITY concerning the <br /> interpretation of the provisions of this AGREEMENT shall be referred to a committee of � <br /> disinterested parties consisting of one member appointed by the ENGINEER, one member <br /> appointed by the CITY,and a third member appointed by the two above noted members, for <br /> disposition and that the committee's decision shall be final. <br /> 2. Successors and Assi�: That the CTTY and the ENGINEER bind themselves, their <br /> successors, executors, administrators, and assigns to the other party of this AGREEMENT, <br /> and to the successors, administrators, and assigns of such other party in respect to all <br /> covenants of this AGREEMENT. <br /> IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed. <br /> Executed by t-�g/C�ity of Def�tur, S te of <br /> Illinois,this �`�"da.y of ///�G 2G-� <br /> 2000, acting by and through its Ci Council. <br /> ATTEST• '�� <br /> � <br /> By_ ��C�� , �./��� gy. <br /> City Clerk Ci yor <br /> Executed by the Engineer,this � �� day of <br /> N1►�ce-cr+ , 2000. <br /> AT <br /> . <br /> By: By: � �� � - <br /> Charl inger Mic ael H. Price <br /> Secretary Vice President <br /> BGM 00-035 Pg 2 of 2 <br />