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The Engineer shall perfonn the services outlined in this agreement for the stated fee agreement. ACCESS TO SITE Unless otherwise stated, the Engineer will have access to the site for activities necessary for the perfonnance of the services. FEE The total fee, except stated lump sum, shall be understood to be an estimate, based upon Scope of Services. Where the fee arrangement is to be on an hourly basis, the rates shall be those that prevail at the time services are rendered. BILLINGIPAYMENTS Invoices will be submitted for services and reimbursable expenses and are due when rendered. Invoice shall be considered PAST DUE ifnot pllid within 30 days after the invoice date and the Engineer may without waiving any claim or right against Client, and without liability whatsoever to the Client, suspend perfonnance of the service. Retainers shall be credited on the fmal invoice. A service charge will be charged at 1.5% per month on the unpaid balance. In the event any portion or all of an account remains unpaid 60 days after billing, the Client shall pay cost of collection, including reasonable attorneys' fees and compensation for the time of the staff members required to collect the past due invoices. HIDDEN CONDITIONS A condition is hidden if concealed by existing finishes or is not capable of investigation by reasonable visual observation. If the Engineer has reason to believe that such a condition may exist, the client shall authorize and pay for all costs associated with the investigation of such a condition and, if necessary, all costs necessary to correct said condition. If (1) the client fails to authorize such investigation or believe that such a condition exists, the client is responsible for all risks associated with this condition, and the Engineer shall not be responsible for the existing condition nor any resulting damages to persons or property. " TERMINATION OF SERVICES r This agreement may be tenninated upon 10 days written notice by either party should the other fail to perfonn his obligations hereunder. In the event oftennination, the Client shall pay the Engineer for all services, rendered to the date oftennination all reimbursable expenses, and reimbursable tennination expenses. OWNERSHIP DOCUMENTS All documents produced by the Engineer under this agreement shall remain the property of the Engineer and may not be used by this Client for any other endeavor without the written consent of the Engineer. INDEMNIFICA nONS The Client shall indemnify and hold hannless the Engineer and all of its personnel from and against any and all claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or resulting from the perfonnance of the services, provided that any such negligent act or omission, and/or strict liability of the Client, anyone directly or indirectly employed by the Client (except the Engineer) or anyone for whose acts of them may be liable. Client Please Return One (1) Copy, With Original Signature Agreement for Professional Engineering Services Page No.2 of 2 <~ PIS TORINO & ALAM CONSULTING ENGINEERS, iNC.