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| Fee Proposal Request Proceed with Work under prior Fee Agreement and General Conditions below: GENERAL CONDITIONS
1. COMPENSATION: Direct personnel expense is defined as the cost of salaries and fringe benefits including vacation, holiday and sick leave pay, contributions for Social Security, Workmen’s Compensation Insurance, retirement benefits, and medical and insurance benefits; unemployment and payroll taxes; and other allowed benefits of those employees directly engaged in the performance of the requested service. In the event the requested service requires the use of non-standard electronic measuring equipment, computers, plotters, and other special equipment such as boats, specialized vehicles, etc., an additional direct charge shall be made for the use of this equipment.
2. INVOICE PROCEDURES AND PAYMENT: Hendra & Associates, Inc. shall submit invoices to CLIENT for work accomplished provided on a Lump Sum basis. Invoices shall include, separately listed, any charges for services for which time charges and unit costs shall apply. Invoices shall also include, separately listed, any charges for Professional Associates and reimbursable costs.
3. CLIENT, as owner or authorized agent for the owner, or as an authorized representative of a governmental entity, hereby agrees that payment will be made upon receipt of the invoice and, in default of such payment, hereby agrees to pay all costs of collection, including reasonable attorney’s fees, whether action be brought or not. CLIENT hereby acknowledges that unpaid invoices shall accrue interest at 1.5% per month after they have been outstanding for over 30 days. Hendra & Associates, Inc. reserves the right to suspend services on CLIENT’S project if an invoice remains unpaid 45 days after date of invoice. Suspension may remain in effect until all unpaid invoices are paid in full. Upon cancellation, abandonment or suspension of the project by CLIENT prior to completion of services to be performed, Hendra & Associates, Inc. shall be paid for all work accomplished through the date of cancellation, abandonment, or suspension, a reasonable fee, but in no event less than the sums then due in accordance with the provisions for compensation, contained herein. Compensation for Professional Services to complete the project on resumption after suspension shall be subject to a new Agreement between CLIENT and Hendra & Associates, Inc.
4. LIMIT OF LIABILITY: The liability of Hendra & Associates, Inc. under this Agreement or for Hendra & Associates, Inc. negligence to CLIENT for any cause or combination of causes shall be limited to only reimbursement to the CLIENT of the fees paid under this Agreement. CLIENT waives any and all claims against employees, agents, officers and directors of Hendra & Associates, Inc.
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