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• <br />DRAFT <br />that the amount of such invoice is due to Consultant. Such invoice shall of contain any <br />separate, itemized charge for Consultant's overhead. <br />3.5 Within thirty (30) days after receipt of an invoice and accompa~tying financial <br />and technical progress report, prepared as described herein, BMRI shall pay he full amount <br />of the invoice. If, however, BMRI objects to all or any portion of any invoi e, BMRI shall <br />I <br />so notify DMG and Consultant of the same, stating the reasons for the obj ction. BMRI <br />shall be entitled to withhold payment of only the amount in dispute. Thy parties shall <br />immediately make every effort to settle any disputed portion of the invoice. 1 undisputed <br />invoiced amounts not paid within 35 days shall accrue interest at the rate of % per month. <br />Any disputed portions of the invoiced amount shall be paid within 35 days of the resolution <br />of the dispute. <br />3.6 All materials and equipment charged to BMRI by Consult t under this <br />Agreement shall be used only for the Work to be performed hereunder. C nsultant shall <br />deliver to BMRI at the completion of the Work, all materials and equipm nt for which <br />BMRI has paid, in the same condition as when acquired, normal wear an tear during <br />authorized use excepted. <br />-9- <br />y <br />