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I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />! <br />I <br />I <br />I <br />I <br />! <br />I <br /> <br />estimated to be $40,400.00. The basis for the payment is <br />presented in attached Exhibit A. <br /> <br />Payment to the Engineer shall be made in monthly <br />installments, or as invoiced, but not more than one (1) per <br />month, in accordance with the statements of engineering <br />services submitted to and approved by the Sponsor. The <br />invoices shall be based on a percent of completion of the <br />work. <br /> <br />Work on the project shall commence upon approval of the <br />contract by MN/DOT and receipt of a Notice to Proceed from <br />the Sponsor and MN/DOT and shall be completed within twelve <br />(12) months thereafter. <br /> <br />The Sponsor, by written seven (7) days' notice, may <br />terminate this Agreement in whole or in part at any time. <br />Upon receipt of such notice, the Engineer shall: <br /> <br />(1) immediately discontinue all services affected <br /> (unless the notice directs otherwise), <br /> <br />(2) <br /> <br />deliver to the Sponsor all data, drawings, <br />specifications, report, estimates, summaries and <br />such other information and materials as may have <br />accumulated by the Engineer in performing this <br />Agreement whether completed or in process. <br /> <br />It is hereby understood and agreed that should the <br />Agreement be terminated, the Engineer shall be entitled <br />to and shall receive a fee based on the appropriate <br />fixed fee plus Engineer's costs to the day of <br />notification, approved by the participating agencies. <br />For services completed, the Engineer shall receive <br />payment for his costs plus a percentage of the fixed <br />payment as described in attached Exhibit A. The <br />percentage shall represent the amount of work completed <br />to date compared to the estimated amount of work to <br />complete the total project. <br /> <br />If the termination is due to the failure of the <br />Engineer to fulfill his agreement obligations, the <br />Sponsor may take over the work and prosecute the same <br />to completion by agreement or otherwise. In such case, <br />the Engineer shall be liable to the Sponsor for any <br />additional cost occasioned to the Sponsor thereby. The <br />Sponsor may elect to offset any such additional costs <br />against any amount owed to the Engineer for services <br />completed. <br /> <br />If, after notice of termination for failure to fulfill <br />agreement obligations, it is determined that the <br />Engineer has not so failed, the termination shall be <br />deemed to have been effected for the convenience of the <br /> <br />2 <br /> <br /> <br />