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6E (1)
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06-28-12 Packet
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6E (1)
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11/1/2012 10:00:40 AM
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specific to the project and shall be the product of the Client. As such, any and all <br />insurance requirements made part of Contract Documents prepared by the Engineer are <br />not to be considered the Engineer's recommendation, and the Client shall make the final <br />decision regarding insurance requirements. <br />25. Information Provided by Others: The Engineer shall indicate to the Client the information <br />needed for rendering of the services of this Agreement. The Client shall provide to the <br />Engineer such information as is available to the Client and the Client's consultants and <br />contractors, and the Engineer shall be entitled to rely upon the accuracy and <br />completeness thereof. The Client recognizes that it is impossible for the Engineer to <br />assure the accuracy, completeness and sufficiency of such information, either because it <br />is impossible to verify, or because of errors or omissions which may have occurred in <br />assembling the information the Client is providing. Accordingly, the Client agrees, to the <br />fullest extent permitted by law, to indemnify and hold the Engineer and the Engineer's <br />subconsultants harmless from any claim, liability or cost (including reasonable attorneys' <br />fees and cost of defense) for injury or loss arising or allegedly arising from errors, <br />omissions or inaccuracies in documents or other information provided by the Client to the <br />Engineer. <br />26. Payment: Client shall be invoiced once each month for work performed during the <br />preceding period. Client agrees to pay each invoice within thirty -five (35) days of its receipt. <br />The client further agrees to pay intereston all amounts invoiced and not paid or objected to <br />for valid cause, Client further agrees to pay Engineer's cost of collection of all amounts due <br />and unpaid after sixty (60) days, including court costs and reasonable attorney's fees, as <br />well as costs attributed to suspension of services accordingly and as follows. <br />Collection Costs. In the event legal action is necessary to enforce the payment <br />provisions of this Agreement, the Engineer shall be entitled to collect from the Client <br />any judgement or settlement sums due, reasonable attorneys' fees, court costs and <br />expenses incurred by the Engineer in connection therewith and, in addition, the <br />reasonable value of the Engineer's time and expenses spent in connection with such <br />collection action, computed at the Engineer's prevailing fee schedule and expense <br />policies. <br />Suspension of Services. If the Client fails to make payments when due or otherwise <br />is in breach of this Agreement, the Engineer may suspend performance of services <br />upon five (5) calendar days' notice to the Client. The Engineer shall have no liability <br />whatsoever to the Client for any costs or damages as a result of such suspension <br />caused by any breach of this Agreement by the Client. Client will reimburse <br />Engineer for all associated costs as previously set forth in (item 4 of) this <br />Agreement. <br />
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