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C. For Additional Services. Contractor shall pay Engineer for Additional Services performed or <br />furnished under Article 4 on the basis set forth in Exhibit B. <br />D. For Reimbursable Expenses. Contractor shall pay Engineer for Reimbursable Expenses <br />incurred by Engineer and Engineer's Consultants as set forth in Exhibit B. The sum payable for <br />Reimbursable Expenses will include any markup factor indicated in Exhibit B. Reimbursable Expenses <br />shall include, but not necessarily be limited to, the following: (NOT USED) <br />E. For any payment called for under this Agreement and any claim or dispute under this <br />Agreement, Engineer agrees that payment from the Owner to the Contractor is an express condition <br />precedent to payment being due Engineer. <br />7.02 Invoices <br />A. Preparation and Submission of Invoices. Invoices will be prepared in accordance with <br />Engineer's standard invoicing practices and will be submitted to Contractor by Engineer at least <br />monthly. The sum billed in each Invoice will be calculated on the basis set forth in Exhibit B. Invoices <br />will be prepared using the values set forth in Exhibit B and progressed monthly in each monthly invoice <br />to represent the work completed through each invoicing period. <br />B. Unpaid Invoices. If Contractor fails to make payment to Engineer for services and expenses <br />within 10 days after receipt of payment by Owner as set forth in this Agreement, interest shall begin <br />accruing at the rate indicated in Exhibit B from said thirtieth day. Additionally, Engineer may, after <br />giving seven days written notice to Contractor, suspend services under this Agreement until Engineer <br />has been paid in full all sums due for services, expenses and late charges to the extent such sums <br />have been paid by the Owner to the Contractor. Payments received will be credited first to interest and <br />then to principal. <br />C. Disputed Invoices. In the event of a disputed or contested Invoice, only that portion so <br />contested and unpaid by the Owner may be withheld from payment, and the undisputed portion will be <br />paid. <br />D. Failure to Pay. In the event Contractor fails to make any payment due Engineer as called for in <br />this Agreement, Engineer shall have the right, but not the obligation, to suspend or continue the <br />suspension of its performance of Services or terminate this Agreement for cause. <br />E. For any payment called for under this Agreement and any claim or dispute under this <br />Agreement for payment, Engineer agrees that payment from the Owner to the Contractor is an express <br />condition precedent to payment being due Engineer and the exercise of any rights under Section 8.02 <br />hereof. <br />7.03 Payments Upon Termination <br />A. By Contractor for Cause. In the event of termination by Contractor for cause under paragraph <br />8.02.A, and subject to Paragraph 8.03, payments to Engineer shall be as follows: <br />1. For any Basic Services completed as of the date of termination, payments due Engineer in <br />accordance with this Agreement for all such services performed or furnished by Engineer and <br />Engineer's Consultants will constitute total payment for such services; <br />2. For services performed or furnished in accordance with this Agreement by Engineer and <br />Engineer's Consultants with respect to any uncompleted Basic Services prior to the date of <br />termination, a sum determined in accordance with Exhibit B; and <br />221 <br />