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<br /> (¡;II J} <br /> ARTICLE 2 <br /> CONSULTANT'S EXPENSES <br />2,1 CONSULTANT agrees to provide, at his own expense, transportation, facilities, telephone, <br />equipment (except special testing equipment) for CONSULTANT'S satisfactory performance under <br />this Agreement. <br /> ARTICLE 3 <br /> PAYl\tIENTS TO THE CONSULTANT <br />3.1 Payments for services shall be made to the CONSULTANT on a monthly basis, following receipt <br />by OWNER of CONSULTAL'IT'S invoice by the fifth (5th) day of each month for work done the <br />previous month, at the rates set forth in Paragraph 8,1. <br />3,2 PROJECT SUSPENSION The OWNER may suspend the CONSULTAL'TT'S services if the <br />Project is suspended, In such event, the CONSULTANT shall be compensated for all services <br />performed prior to receipt of written notice ITom the OWNER of such suspension or abandonment. <br /> ARTICLE 4 <br /> TERi\'lINA TION OF AGREE~IENT <br />4.1 This Agreement may be terminated at will by the OWNER ,vÍth at leasMifteen (15) days prior <br />written notice to the CONSULTANT. <br />4.2 In the event of termination as provided in this Article, the CONSULT ANT shall be compensated <br />for all services performed to the termination date which are deemed by OWNER to be in accordance <br />with this Agreement. Such amount shall be paid by the OWNER upon the data, reports, estimates, <br />summaries, and such other information and materials as may have been accumulated by the <br />CONSULT AL'TT in performing the services included in this Agreement, whether completed or in <br />progress, being delivered to the OWNER by the CONSULTANT. <br />i <br /> ARTICLE 5 <br /> MISCELLANEOUS PROVISIONS <br />5.1 CONSULTANT shall provide all services under the terms of this Agreement as an independent <br />contractor of the City of San Marcos, <br />5.2 The CONSULTAL'TT hereby agrees to hold haffiÙess, defend, and indemnify the OWNER, its <br />officers, agents and employees ITom and against all claims for personal injury or property damage on <br />the part of CONSUL TANT or any third party related to CONSULTANT'S performance of services <br />hereunder, including, but not limited to any negligent act or omission of the OWNER, its officers, <br />employees, or agents, <br /> -2- <br />