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Mar•10• ?004 6 35PM MULLEN & ASSOCIATES,[NC. No.5967 P. 3 <br />Compensation: <br />Compensation for the above items of work shall be a lump sum fee of FIVE THOUSAND'THItEE <br />HUNDRED NINETY FIVE DOI,LAItS ($5,395.00), payable in proportion to percentage of work <br />completed. <br />Payment for the above fee shall be as follows: <br />1, Payment is due and payable each month as invoiced in proportion to work completed and <br />expenses accumulated. <br />2. If Client fails to pay the Engineer within 30 days from receipt of invoice, the Engineer may, after <br />giving 7 days notice to the Client, suspend services under this agreement until his outstanding <br />invoices have been paid in full. In addition, any invoice not paid within 60 days may incur a 1 <br />per month interest penalty until paid in full. <br />Ownership of Documents: <br />The Client agrees not to make changes to the Engineets instruments of service without the prior <br />consent of the Engineer. <br />Abandonment: <br />Tn the event the project is abandoned, the compensation will be the last progress billing plus a mutually <br />agreed upon amount for work executed since that billing. <br />Arbitration; <br />All questions in dispute under this agreement maybe submitted to azbitration whew practical in <br />accordance with the provision, then obtaining of the American Arbitration Association. The prevailing <br />party shall be entitled to reasonable attorney's fees to be fued by the Arbitrator, or in the event there <br />are judicial proceedings instead of arbitration, reasonable attomey's fees shall be fixed by the court. <br />Insurance: <br />Each party to this agreement shall carry and maintain public liability, property damage and workman's <br />compensation insurance and in addition, insurance to protect him from claims arising out o£ the acts, <br />errors or omissions. If, in the course of this project, it becomes necessary for Mullen & Associates, <br />Inc. to issue a certificate of insurance for general liability which requires an Additional Iusured clause, a <br />surcharge of $50.00 will be required. <br />Additional services outside the SCOPE OR WORK agreed upon shall not be performed without the <br />authorization o£the Client and/or Owner. When so authorized, we will provide the services and charge <br />2 <br />