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<br /> " <br /> L/61J <br /> by CITY of ENGINEER's invoices. The amount5-Ðf these invoices will be based upon the <br /> extent of work completed by the ENGINEER on a percentage basis within each phase of <br /> services, in accordance with Article 13, less any disputed amounts, pending resolution <br /> thereof. <br /> 5.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES <br /> Payments on account of the ENGINEER's Additional Services as defined in Section <br /> 1.4 will be made monthly upon presentation of the ENGINEER's statement of services <br /> rendered or expenses incurred, less any disputed amounts, pending resolution thereof. <br /> ARTICLE 6 <br /> ENGINEER'S RECORDS <br /> 6.1 All expense records of ENGINEER will be kept on a recognized accounting basis <br /> acceptable to the CITY and will be available to the CITY or the CITY's authorized <br /> representative at mutually convenient times. <br /> 6.2 The CITY will have access to any books, documents, papers and records of the <br /> ENGINEER which are directly pertinent to this Project for the purpose of making audit, <br /> examination, copying, and transcriptions. <br /> ~ <br /> ARTICLE 7 <br /> OWNERSHIP AND USE OF DOCUMENTS <br /> 7.1 Plans, specifications, and other construction contract documents as well as all <br /> tracings, and other original documents will become the property of the CITY whether the <br /> Project is executed or not. However, ENGINEER will not be responsible, and liability is <br /> hereby waived by CITY against ENGINEER, and CITY will indemnify ENGINEER from any <br /> and all losses, claims, demands and causes of action resulting from CITY's use of the <br /> plans, specifications and construction contract documents other than for the Project as <br /> contemplated by those documents. <br /> ARTICLE 8 <br /> TERMINATION OF AGREEMENT <br /> 8.1 This Agreement may be terminated by either party upon 15 days prior written notice <br /> should the other party fail substantially to perform in accordance with its terms through no <br /> fault of the party initiating the termination. <br /> 8.2 This Agreement may be terminated at will by the CITY upon at least 15 days prior <br /> written notice to the ENGINEER. <br /> 8.3 In the event of termination as provided in this Article, the ENGINEER will be <br /> compensated for all services performed to termination date which are deemed by CITY to <br />