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ARTICLE 4. PRICE The not to exceed price to be paid for the Services and any applicable method for calculating it are set forth in Section C. ARTICLE 5. PAYMENT (a) Notwithstanding anything in this Contract to the contrary, all payments to be made by the LCRA hereunder are subject to Ch. 2251 of the Texas Government Code, popularly known as the Prompt Payment Act. Payment in full for invoices shall be due within thirty (30) days from date the invoice is received by LCRA. Invoices paid more than thirty (30) days after the invoice is received are subject to a late charge of I% per month (12% APR) on the amount of the undisputed past due balance. (b) Invoices for payment under this Contract shall be sent to: Lower Colorado River Authority Attn: Accounts Payable P.O. Box 679000 Austin, Texas 78767 In no event shall Contractor invoice LCRA more than once a month. (c) No invoice shall be considered complete or payable unless all documentation is submitted with invoice supporting reimbursable and LCRA approved expenses, such as time sheets, transportation, lodging and meal expenses. Alcohol and entertainment expenses are not reimbursable. ARTICLE 6. INDEPENDENT CONTRACTOR Contractor shall perform in all respects as an independent contractor and not as an employee, partner, joint venturer or agent of the LCRA. The Services to be performed by Contractor shall be subject to the LCRA's review, approval and acceptance as provided in the Contract Documents, but the detailed manner and method of performance shall be under the control of Contractor. The accuracy, completeness and scheduling of the Services and the application of proper means and methods for performance of the Services are entirely the responsibility of Contractor. Contractor shall be solely responsible for hiring, supervising and paying its employees, subcontractors and suppliers. Contractor shall be solely responsible for payment of all (i) compensation, including any employment benefits, to its employees, (ii) taxes, including withholding for federal income tax purposes, employment and unemployment taxes, and (iii) such other expenses as may be owed to Contractor's employees. However, because Contractor's Services may be associated in the minds of the public with LCRA, Contractor shall ensure that all Services by its employees, subcontractors and agents are performed in an orderly, responsible and courteous manner. ARTICLE 7. LICENSES AND PERMITS (a) Contractor shall procure and maintain at its expense all licenses and permits necessary for it to perform the Services. (b) Contractor shall ensure that its and its subcontractors' employees and other trades-people are all properly licensed to perform their respective portions of the Services. General Services RFP LR Revised 09/15/08 Page 2 Contract #