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4.6 <br /> <br />4.7 <br /> <br />4.8 <br /> <br />payment to the Contractor is due, or in the absence of a final application for payment <br />or of such due date, thirty days after the Date of Satisfactory <br /> <br />Start-up and Demonstration of the Contract for Construction, whichever occurs first, <br />or as otherwise mutually agreed. <br /> <br />Changes <br /> <br />If OWNER requests significant modifications or changes in the general scope, extent <br />or character of the PROJECT, the time of performance of ENGINEER's services and <br />the various rates of compensation shall be adjusted equitably. <br /> <br />Prompt Authorization to Proceed <br /> <br />If OWNER fails to give prompt written authorization to proceed with any Phase of <br />services after completion of the immediately preceding phase, or if the Construction <br />Phase has not commenced within ninety days of the Bidding or Negotiating Phase, <br />ENGINEER may, after giving seven days' written notice to OWNER, suspend <br />services under this Agreement. <br /> <br />Delay <br /> <br />ff ENGINEER's design services or service during construction of the PROJECT are <br />delayed or suspended in whole or in part by OWNER for more than ninety days for <br />reasons beyond ENGINEER's control, ENGINEER shall on written demand to <br />OWNER (but without termination of this Agreement) be paid as provided in paragraph <br />5.4.1. If such delay or suspension extends for more than one year for reasons beyond <br />ENGINEER's control, or if ENGINEER for any reason is required to render services <br />for more than one year after Satisfactory Start-up and Demonstration is achieved under <br />that contract, the various rates of compensation, including Additional Services, <br />provided for elsewhere in this Agreement shall be subject to equitable adjustment. <br /> <br />SECTION 5 - PAYMENTS TO ENGINEER <br /> <br />5.1 Payment Terms Defined <br /> <br />5.1.1 Payroll Cost <br /> <br />Payroll Cost shall mean the salary and wages at the time services are performed of all <br />personnel engaged directly on the PROJECT, including but not limited to, engineers, <br />architects, scientists, surveyors, designers, draftsmen, specification writers, estimators, <br />steno, clerical, accounting and other technical and business personnel; plus the cost <br />of customary and statutory benefits including, but not limited to, social security <br />contributions, unemployment, excise and payroll taxes, workers' compensation, health <br /> <br />- 12- <br /> <br /> <br />