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