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estimated only, and the final amount of Items A_2. m., and n. shall not <br />exceed their respective amounts, without prior written approval from the <br />OWNER, in accordance with Section VI, paragraph 11 of this Agreement <br />and /or a subsequent approved amendment to the Agreement. If a <br />Subconsultant is utilized, the ENGINEER shall receive as payment the <br />actual cost incurred by the ENGINEER multiplied by a factor of 1.20. <br />Toll telephone calls, printing, mailing, FAX costs required for the permits <br />enumerated hereinabove will not be reimbursable expenses and the costs <br />thereof are included in the itemized costs as shown herein in Appendix <br />"D ", Section 2. <br />The cost of permit application /regulatory fees, out -of -town travel and <br />reproduction costs will be considered as a reimbursable expense. <br />The ENGINEER shall not be paid for any services performed by the <br />OWNER or not required to develop this project. <br />3. For those services performed by the ENGINEER which are included in the <br />itemized costs, as shown herein in Appendix "D ", Section A.2 as an <br />- --- "Hourly Rate "; the ENGINEER will be- paid on the basis of actual hours-of- <br />work performed by essential personnel exclusively on this Agreement at <br />the rates identified in Exhibit B for each classification of employee. <br />4. The ENGINEER shall receive as a ment from <br />p y the OWNER for the <br />Additional Services rendered under Appendix "E" of this Agreement as <br />follows: <br />a. For Additional Services of ENGINEER's principals and employees <br />engaged on the project, except services to appear as a consultant <br />or witness, on the basis of the employee classification hourly rate <br />and all Reimbursable Expenses incurred in connection with all <br />Additional Services in accordance with the ENGINEER's fee <br />structure attached as Exhibit B to this Agreement and made an <br />integral part hereof. <br />b. For services and Reimbursable expenses of independent <br />professional associates and consultants employed by ENGINEER <br />to render Additional Services, the ENGINEER shall be <br />reimbursed for the invoiced amount of said services, and <br />ENGINEER shall also be paid an administrative fee in an amount <br />not to exceed 20% of the amount of the invoice. <br />C. For services rendered by ENGINEER's principals and employees to <br />appear as consultants or witnesses in any litigation, arbitration or <br />other legal or administrative proceeding, except for time spent in <br />preparing to appear in any such litigation, arbitration or proceeding, <br />at the rate of $2,500.00 per principal or employee per day or any <br />portion thereof. <br />2 of 4 <br />Appendix "D" <br />