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Mr. Christopher J. Kafer, Jr., PE 07/312007 ,(Rev. 8/30/07) Page 3 of 6 Billing will be as follows: Fees shall be billed monthly based upon the Engineer's estimated percentage of the total project services completed to that date. Any and all items not specifically set forth in this proposal are excluded. Specifically excluded items include but are not limited to soil borings, traffic studies, wetlands/endangered species studies/mitigation design, environmental permitting, landscapelirrigation designs, off-site water/sewer extensions; shared parking studies, structural/electrical engineering, architecture, construction stakeout and inspection services. GENERAL CONDITIONS In addition, the following items are stipulated : a. ) Application Fees Any and all application fees required by permitting agencies will be paid for directly by the Owner/Client. b. ) Scope of Work The scope of work as outlined above is based on our estimate of the normal engineering and design services necessary. However, should the need arise for additional engineering design work by virtue of revisions or redesign required by you or any governmental reviewing agencies having jurisdiction , then additional billing will be based on the fee schedule included hereinafter under item (h), or this Contract can be renegotiated to the satisfaction of both parties. c. ) Payment of Fees Payment of all fees for services rendered shall be paid within thirty (30) days of billing. This project and the anticipated fees are predicated upon the prompt and continual satisfaction of our monthly invoices. Commencing on the thirty-first day, interest shall be added to the unpaid balance at the rate of one and one-half percent (1 - 1 /2%) per month or a total of eighteen percent ( 18%) per annum . In the event of delinquent, this matter shall be turned over to legal counsel for collection. Legal fees, costs and recording fees incurred for collection shall be added to the outstanding amounts due. d. ) Release/Reuse of Documents All documents including drawings, disks, specifications and reports prepared or furnished by Masteller & Moler, Inc. (Engineer) or Engineer's Independent Professional Associates and Consultants pursuant to this agreement are instruments of service in respect of the Project and the Engineer shall retain all Ownership and property interests therein, whether or not the project is completed. To that end, the Engineer may exercise his right to execute a copyright notice upon any document prepared by the Engineer in connection with this project. All original documents shall remain the sole property and in the sole possession of the Engineer. M