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<br />'~ <br /> <br />--. <br /> <br />,-e <br />, <br /> <br />'. <br /> <br />, <br /> <br />minate the feasibility study as to such reservoir by ten (lO) <br />days written notice, and continue the feasibility study as to <br />the cause of seepage at the other reservoir. In such case, the <br />total contract cost set forth in paragraph C.l above shall be <br />reduced in accordance with the following procedure: The <br />ENGINEER shall be compensated for services performed to the date <br />of termination on the terminated portion of the feasibility <br />study in accordance with the hourly rates and fees set forth in <br />Exhibit A attached hereto, not to exceed the total contract cost <br />allocated in Paragraph C.l to the particular dam study being <br />terminated. The cost of the portion of the feasibility study <br />not terminated shall then be determined by the following <br />formula: <br /> <br />[1.0 + 0.15 (100 - elapsed days of CP~) X <br />100 <br /> <br />[the contract <br />cost allocated <br />in Paragraph C.l <br />to the portion of <br />the study which <br />is being <br />continued] <br /> <br />*Contract Period <br /> <br />3. The OWNER may at any time during the term of this <br />Agreement terminate the feasibility study and this Agreement by <br />providing ten days' written notice to the ENGINEER. In case of <br />such termination, the ENGINEER shall be compensated for services <br />satisfactorily performed to the date of termination in <br />accordance with the hourly rates and fees set forth in Exhibit A <br />attached hereto and incorporated herein by this reference. If <br />the amount due to the ENGINEER pursuant to this provision is <br />less than amounts previously paid to the ENGINEER by the OWNER <br />the ENGINEER shall 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 <br />within 45 days of billing for services and expenses, then the <br />ENGINEER shall be entitled to interest at the rate of ten per- <br />cent (10%) per annum from said 45th day; provided, however, that <br />if the delay in payment is caused by the failure of CWCB to <br />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 <br />expense, such insurance as will protect the ENGINEER from claims <br />under the Workman I s Compensation Act and such comprehensive <br /> <br />-5- <br />