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Payment by the OWNER to the CONSULTANT shall be due and payable on the 25th <br />day of the month following the date of the invoice. Payments not received by the <br />CONSULTANT by said 30th day of the month following the date of the invoice shall be <br />overdue. A service charge of one percent per month shall be added to all overdue <br />amounts. OWNER agrees to pay CONSULTANT'S cost of collection of all amounts <br />due and unpaid after sixty (60) days including court costs and attorney fees. <br />CONSULTANT shall not be bound by any provision wherein CONSULTANT waives <br />any rights to a mechanic's lien, or any provision implying payment to CONSULTANT <br />is contingent upon payment to OWNER by a third party. <br /> <br />10. Personnel. The CONSULTANT represents that he has, or will secure at his own <br /> expense, all personnel required to perform the services under this Contract and that <br /> such personnel will be fully qualified to perform such services. <br /> <br />Should the Scope of Services require the CONSULTANT to retain outside <br />subcontracting services, the CONSULTANT may do so upon written authorization by <br />the OWNER, and the OWNER shall compensate the CONSULTANT for such <br />subconsulting services as set forth in Attachment A, Proposal Letter dated August 14, <br />2001. <br /> <br />11.Responsibilities of the OWNER. It is agreed that the OWNER will have the following <br /> responsibilities under this Contract: <br /> <br />a) <br /> <br />The provision of all available information, data, reports, records, and maps to which <br />the OWNER has access and which are needed by the CONSULTANT for the <br />performance of the services provided for herein. <br /> <br />b) Providing assistance and cooperation for the CONSULTANT in obtaining any other <br /> needed material which the OWNER does not have in its possession. <br /> <br />c) <br /> <br />Making available the services of the OWNER as may be necessary to obtain <br />information as needed to perform the work program set forth in the Scope of <br />Services. <br /> <br />d) <br /> <br />The designation of a single representative who will be authorized to make <br />necessary decisions required on behalf of the OWNER and will serve to provide the <br />necessary direction and coordination for the project. <br /> <br />e) Bear all costs for permitting and advertising for the project. <br /> <br />f) Provide access to all affected private property for CONSULTANT to perform all <br /> necessary surveying, engineering and inspections. <br /> <br />All such OWNER responsibilities shall be conducted in a timely manner and without <br />undue delay so as not to delay the CONSULTANT in the performance of his services. <br /> <br /> <br />