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<br />. <br /> <br />. <br /> <br />The invoicing schedule is as follows: <br /> <br />Within fifteen (is) days of the <br />effective date of this Agreement <br /> <br />Within forty-five (45) days of the <br />effective date of this Agreement <br /> <br />$ 16,650.00 <br /> <br />$ 9,990.00 <br /> <br />Within thirty (30) days following <br />receipt and acceptance of the <br />completed report <br /> <br />$ 6,600.00 <br /> <br />Invoices will be submitted to The Cucharas Sanitation and Water <br />District with a progress and status report. <br /> <br />B. The OWNER may at any time duri ng the tenn of thi s Agreement ter- <br />minate the feasibility study and this Agreement by providing ten days! <br />written notice to the ENGINEER. In case of such tennination, the ENGINEER <br />shall be compensated for servi ces sati sfactorily perfonned to the date of <br />tennination in accordance with the hourly rates and fees set forth in <br />Exhibi t A attached hereto and incorporated herei n by thi s reference. If <br />the amount due to the ENGINEER pursuant to thi s provi si on is less than <br />amounts previously paid to the ENGINEER by the OWNER the ENGINEER shall <br />promptly remit to the OWNER any excess funds. <br /> <br />SECTION D - INTEREST ON UNPAID SUMS <br /> <br />If the OWNER fails to make any payment to the ENGINEER within 45 days <br />of billing for services and expenses, then the ENGINEER shall be entitled <br />to interest at the rate of ten percent (10%) per annum from said 45th day; <br />provided, however, that if the delay in payment is caused by the failure of <br />CWCB to process and pay requests for payment approved by the OWNER, then <br />the OWNER shall not be liable for such interest costs. <br /> <br />SECTION E - SPECIAL PROVISIONS <br /> <br />The ENGINEER will obtain and maintain, at the ENGINEER:s expense, such <br />insurance as wi 11 protect the ENGINEER from cl aims under the Workman! s <br />Compensation Act and such comprehensive general liability insurance as will <br />protect the OWNER and the ENGINEER from all cl aims for bodily injury, <br />death, or property damage which may arise from the perfonnance of the <br />ENGINEER.: s functi ons and servi ces requi red under thi s Agreement by the <br />ENGINEER or by the ENGINEER \ s employees or by any Subcontractors or by any <br />person for whose acts either may be responsible. Such comprehensive <br />general liability insurance shall be written for limits of liability of at <br />least $200,000.00 per occurrence and $500,000.00 aggregate. In addition, <br />the ENGINEER promi ses and agrees to maintain in full force and effect an <br /> <br />- 5 - <br />