GREEK, DON AND ASSOCIATES & ORANGE, COUNTY OF

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1 2. Compensation to Engineer: The basis of compensation to ENGINEER for the services herein provided shall be as follows: A. For services provided in performing the work specified in Exhibit "A", except as hereinafter excepted, the compensation shall be the fixed fee amount of forty-five thousand nine hundred and forty—five dollars ($45,945.00). 3. Time for Completion: ENGINEER shall begin work within one (1) week from and after the date of execution of this Agreement, and shall complete the work on or before the expiration of thirty (30) days. Any delays in approvals of work, techniques, equipment, or materials by CITY, Or any other agency not under the direct control of ENGINEER, shall not be charged to ENGINEER'S completion time, and any time as may be involved in such delays shall be added 'to ENGINEER'S completion time. Acceptance of the final project report by the City Council shall constitute completion of the project. 4. Ownership of Materials, Supplies, Drawings, Specifications & Other Documents: Any and all records, papers, drawings, specifications, and other documents prepared by ENGINEER, its agents or employees, pursuant to this Agreement, shall become the property of CITY at the time of completion. CITY acknowledges that ENGINEER'S plans and spec:ificatioDs and modeling programs are instruments of professional service. Nevertheless, the plans, etc., under this Agreement shall become the property of CITY upon completion of the work. CITY agrees to hold harmless and indemnify ENGINEER against all damages, claims, and losses, including defense costs, arising out of any reuse of the plans and specifications for other than the purposes stated herein without the written authorization of ENGINEER. 6. Abandonment of Project: If CITY abandons the project which is the subject of this Agreement, ENGINEER shall be paid a prorated amount of the fee herei.nabove set forth, based upon the services rendered to the date of abandonment. 4