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ARTICLE 2. COMPENSATION 2.1 OWNER agrees to pay the CONSULTANT as compensation for services defined in Article 1.1 an hourly rate not to exceed amount of one hundred and thirty two thousand two hundred dollars ($132,200.00). 2.2 OWNER will reimburse the CONSULTANT for any application and /or permit fees paid for securing approval of authorities having jurisdiction over the project. OWNER will reimburse the CONSULTANT or directly pay for any unforeseen environmental services that may be required. 2.3 For additional services defined in Article 1.4 above, the OWNER will pay the CONSULTANT at a rate or fee mutually agreed upon by the parties prior to CONSULTANT's initiation of any additional service pursuant to this Agreement. 2.4 The OWNER will make a diligent effort to appropriate necessary funds to provide compensation to the CONSULTANT for the services provided under this Agreement. While the OWNER may seek funding assistance from other governmental agencies, it is acknowledged and understood that the compensation to the CONSULTANT as outlined in this Agreement is not contingent upon the receipt by the OWNER of such funds. 2.5 Once each month, the CONSULTANT may submit to the OWNER an invoice for services rendered. Each invoice shall provide a brief description of the specific work performed and shall represent the value of the partially completed work based on the proportion which its percentage bears to the total cost of the fully completed work. 2.6 Payment of all invoices shall become due no later than thirty (30) days after receipt, provided CONSULTANT submits all claims for compensation upon forms and in a manner approved by the OWNER. 2.7 No deduction shall be made from the CONSULTANT's compensation on account of penalty, liquidated damages, or other sums withheld from payments to owners. 2.8 If any work designed or specked by the CONSULTANT during any phase of service is abandoned in whole or in part, or suspended for a period exceeding three months, the CONSULTANT shall be paid by the OWNER for the services performed prior to receipt of written notice from the OWNER of such abandonment or suspension, together with reimbursements then due and any termination expense resulting from such abandonment or suspension as determined and agreed to by the CONSULTANT and the OWNER. ARTICLE 3. GENERAL TERMS 3.1 This Agreement shall become effective on the date hereof and remain in effect for the duration of the Project defined in Article 1.1. Page 2 of 6