Common use of Compensation to Engineer Clause in Contracts

Compensation to Engineer. 8.1 For the services described in this Agreement or in "Attachment A", OWNER agrees to pay ENGINEER as per the provisions of "Attachment G", unless modified by an amendment to this Agreement. 8.2 No payment request or statement made pursuant to this Article shall exceed the estimated amount in value of the work and services performed by ENGINEER under this Agreement, which estimates shall be prepared by ENGINEER and supplemented or accompanied by such supporting data as may be required by OWNER. 8.3 Payment requests by ENGINEER shall be submitted once monthly. The payment request shall be accompanied by a signed voucher and such supporting data as may be required by OWNER. 8.4 When progress payments are made to ENGINEER, OWNER may withhold Ten Percent (10%) of the amount and value of all work and services theretofore performed by ENGINEER, as shown by ENGINEER's payment request. If OWNER determines that ENGINEER's performance is satisfactory, OWNER, at its sole discretion, may reduce or eliminate retainage. OWNER's right to withhold retainage pursuant to this paragraph may be implemented at any time during ENGINEER's period of services and may relate back to prior payments against which no retainage was withheld. Once the Project is completed in accordance with the terms of this Agreement, OWNER will pay ENGINEER promptly for the retainage withheld and the resulting interest. 8.5 OWNER shall have the right to withhold from payments due ENGINEER such sums as necessary to protect OWNER against any loss, claim or damage which may result from the negligence or unsatisfactory work by ENGINEER, failure by ENGINEER to perform its obligations and responsibilities under this Agreement, or claims filed against ENGINEER or OWNER relating to ENGINEER's services or work. OWNER shall provide ENGINEER written notification of its reason for so withholding payments. When the grounds or causes for such withholding are removed, payment shall be made for amounts withheld because of them. 8.6 OWNER shall pay ENGINEER for the professional services supported by invoices and documentation. OWNER will pay the amount of the invoice within thirty (30) days of OWNER's acknowledgement that invoice and documentation are acceptable. OWNER will give ENGINEER written notice within five (5) working days of receipt of the invoice and documentation if the invoice or documentation is not acceptable. OWNER is the sole judge as to the acceptability of the invoices and documentation. If OWNER fails to pay ENGINEER according to this paragraph, OWNER shall pay ENGINEER 0.0192% of the unpaid amount per each day in excess of thirty (30) days. 8.7 If, prior to the satisfactory completion of services under this Agreement, the total costs incurred by ENGINEER are within 25% of the maximum amount payable, ENGINEER shall notify OWNER in writing. ENGINEER shall cease all work when the total costs incurred equal 95% of the maximum amount payable. Work will not recommence until ENGINEER receives written notice from OWNER and an adjusted maximum amount payable has been negotiated, if in the sole judgment of OWNER, such an adjustment is required. ENGINEER shall not be entitled to compensation for unauthorized work over the maximum amount payable. This section shall not apply when the method of compensation described in Article 8.1 is lump sum. 8.8 Upon satisfactory completion of all work and services to be performed hereunder, and prior to final payment under this Agreement for such services, or prior to settlement upon termination of this Agreement, and as a condition precedent thereto, ENGINEER shall execute and deliver to OWNER a release of all claims against OWNER arising under or by virtue of this Agreement. In all events, the making and acceptance of final payment shall be conclusive as to OWNER's performance of the Agreement and shall constitute a waiver of all claims by ENGINEER against OWNER.

Compensation to Engineer. 8.1 For the services described in this Agreement or in "“Attachment A"”, OWNER agrees to pay ENGINEER as per the provisions of "“Attachment G"”, unless modified by an amendment to this Agreement. 8.2 No payment request or statement made pursuant to this Article shall exceed the estimated amount in value of the work and services performed by ENGINEER under this Agreement, which estimates shall be prepared by ENGINEER and supplemented or accompanied by such supporting data as may be required by OWNER. 8.3 Payment requests request by ENGINEER shall be submitted once no more often than monthly. The payment request shall be accompanied by a signed voucher and such supporting data as may be required by OWNER. 8.4 When progress payments are made to ENGINEER, OWNER may withhold Ten Percent (10%) of the amount and value of all work and services theretofore performed by ENGINEER, as shown by ENGINEER's payment request. If OWNER determines that ENGINEER's performance is satisfactory, OWNER, at its sole discretion, may reduce or eliminate retainage. OWNER's right to withhold retainage pursuant to this paragraph may be implemented at any time during ENGINEER's period of services and may relate back to prior payments against which no retainage was withheld. Once the Project is completed in accordance with the terms of this Agreement, OWNER will pay ENGINEER promptly for the retainage withheld and the resulting interest. 8.5 OWNER shall have the right to withhold from payments due ENGINEER such sums as necessary to protect OWNER against any loss, claim or damage which may result from the negligence or unsatisfactory work by ENGINEER, failure by ENGINEER to perform its obligations and responsibilities under this Agreement, Agreement or claims filed against ENGINEER or OWNER relating to ENGINEER's ’S services or work. OWNER shall provide ENGINEER written notification of its reason for so withholding payments. When the grounds or causes for such withholding are removed, payment shall be made for amounts withheld because of them. 8.6 8.5 OWNER shall pay ENGINEER for the professional services supported by invoices and documentation. OWNER will pay the amount of the invoice within thirty (30) days of OWNER's ’S acknowledgement that invoice and documentation are acceptable. OWNER will give ENGINEER written notice within five (5) working days of receipt of the invoice and documentation if the invoice or documentation is not acceptable. OWNER is the sole judge as to the acceptability of the invoices and documentation. If OWNER fails to pay ENGINEER according to this paragraph, OWNER shall pay ENGINEER 0.0192% of the unpaid amount per each day in excess of thirty (30) days. 8.7 8.6 If, prior to the satisfactory completion of services under this Agreement, the total costs incurred by ENGINEER are within 25% of the maximum amount payable, ENGINEER shall notify OWNER in writing. ENGINEER shall cease all work when the total costs incurred equal 95% of the maximum amount payable. Work will not recommence until ENGINEER receives written notice from OWNER and an adjusted maximum amount payable has been negotiated, if in the sole judgment of OWNER, such an adjustment is required. The ENGINEER shall not be entitled to compensation for unauthorized work over the maximum amount payable. This section shall not apply when the method of compensation described in Article 8.1 is lump sum. 8.8 8.7 Upon satisfactory completion of all work and services to be performed hereunder, and prior to final payment under this Agreement for such servicesseries, or prior to settlement upon termination of this Agreement, and as a condition precedent thereto, ENGINEER shall execute and deliver to OWNER a release of all claims against OWNER arising under or by virtue of this Agreement. In all events, the making and acceptance of final payment shall be conclusive as to OWNER's ’S performance of the Agreement and shall constitute a waiver of all claims by ENGINEER against OWNEROWNER and OWNER against ENGINEER.

Compensation to Engineer. 8.1 For the services described in this Agreement or in "Attachment A", OWNER agrees to pay ENGINEER as per the provisions of "Attachment G", unless modified by an amendment to this Agreement. 8.2 No payment request or statement made pursuant to this Article shall exceed the estimated amount in value of the work and services performed by ENGINEER under this Agreement, which estimates shall be prepared by ENGINEER and supplemented or accompanied by such supporting data as may be required by OWNER. 8.3 Payment requests by ENGINEER shall be submitted once monthly. The payment request shall be accompanied by a signed voucher and such supporting data as may be required by OWNER. 8.4 When progress payments are made to ENGINEER, OWNER may withhold Ten Percent (10%) of the amount and value of all work and services theretofore performed by ENGINEER, as shown by ENGINEER's payment request. If OWNER determines that ENGINEER's performance is satisfactory, OWNER, at its sole discretion, may reduce or eliminate retainage. OWNER's right to withhold retainage pursuant to this paragraph may be implemented at any time during ENGINEER's period of services and may relate back to prior payments against which no retainage was withheld. Once the Project is completed in accordance with the terms of this Agreement, OWNER will pay ENGINEER promptly for the retainage withheld and the resulting interest. 8.5 OWNER shall have the right to withhold from payments due ENGINEER such sums as necessary to protect OWNER against any loss, claim or damage which may result from the negligence or unsatisfactory work by ENGINEER, failure by ENGINEER to perform its obligations and responsibilities under this Agreement, or claims filed against ENGINEER or OWNER relating to ENGINEER's services or work. OWNER shall provide ENGINEER written notification of its reason for so withholding payments. When the grounds or causes for such withholding are removed, payment shall be made for amounts withheld because of them. 8.6 OWNER shall pay ENGINEER for the professional services supported by invoices and documentation. OWNER will pay the amount of the invoice within thirty (30) days of OWNER's acknowledgement that invoice and documentation are acceptable. OWNER will give ENGINEER written notice within five (5) working days of receipt of the invoice and documentation if the invoice or documentation is not acceptable. OWNER is the sole judge as to the acceptability of the invoices and documentation. If OWNER fails to pay ENGINEER according to this paragraph, OWNER shall pay ENGINEER 0.0192% of the unpaid amount per each day in excess of thirty (30) days. 8.7 If, prior to the satisfactory completion of services under this Agreement, the total costs incurred by ENGINEER are within 25% of the maximum amount payable, ENGINEER shall notify OWNER in writing. ENGINEER shall cease all work when the total costs incurred equal 95% of the maximum amount payable. Work will not recommence until ENGINEER receives written notice from OWNER and an adjusted maximum amount payable has been negotiated, if in the sole judgment of OWNER, such an adjustment is required. ENGINEER shall not be entitled to compensation for unauthorized work over the maximum amount payable. This section shall not apply when the method of compensation described in Article Article 8.1 is lump sum. 8.8 Upon satisfactory completion of all work and services to be performed hereunder, and prior to final payment under this Agreement for such services, or prior to settlement upon termination of this Agreement, and as a condition precedent thereto, ENGINEER shall execute and deliver to OWNER a release of all claims against OWNER arising under or by virtue of this Agreement. In all events, the making and acceptance of final payment shall be conclusive as to OWNER's performance of the Agreement and shall constitute a waiver of all claims by ENGINEER against OWNER.

Compensation to Engineer. 8.1 For the services described in this Agreement or in "“Attachment A"”, OWNER agrees to pay ENGINEER as per the provisions of "“Attachment G"F”, unless modified by an amendment to this Agreement. 8.2 No payment request or statement made pursuant to this Article shall exceed the estimated amount in value of the work and services performed by ENGINEER under this Agreement, which estimates shall be prepared by ENGINEER and supplemented or accompanied by such supporting data as may be required by OWNER. 8.3 Payment requests request by ENGINEER shall be submitted once no more often than monthly. The payment request shall be accompanied by a signed voucher and such supporting data as may be required by OWNER. 8.4 When progress payments are made to ENGINEER, OWNER may withhold Ten Percent (10%) of the amount and value of all work and services theretofore performed by ENGINEER, as shown by ENGINEER's payment request. If OWNER determines that ENGINEER's performance is satisfactory, OWNER, at its sole discretion, may reduce or eliminate retainage. OWNER's right to withhold retainage pursuant to this paragraph may be implemented at any time during ENGINEER's period of services and may relate back to prior payments against which no retainage was withheld. Once the Project is completed in accordance with the terms of this Agreement, OWNER will pay ENGINEER promptly for the retainage withheld and the resulting interest. 8.5 OWNER shall have the right to withhold from payments due ENGINEER such sums as necessary to protect OWNER against any loss, claim or damage which may result from the negligence or unsatisfactory work by ENGINEER, failure by ENGINEER to perform its obligations and responsibilities under this Agreement, Agreement or claims filed against ENGINEER or OWNER relating to ENGINEER's ’S services or work. OWNER shall provide ENGINEER written notification of its reason for so withholding payments. When the grounds or causes for such withholding are removed, payment shall be made for amounts withheld because of them. 8.6 8.5 OWNER shall pay ENGINEER for the professional services supported by invoices and documentation. OWNER will pay the amount of the invoice within thirty (30) days of OWNER's ’S acknowledgement that invoice and documentation are acceptable. OWNER will give ENGINEER written notice within five (5) working days of receipt of the invoice and documentation if the invoice or documentation is not acceptable. OWNER is the sole judge as to the acceptability of the invoices and documentation. If OWNER fails to pay ENGINEER according to this paragraph, OWNER shall pay ENGINEER 0.0192% of the unpaid amount per each day in excess of thirty (30) days. 8.7 8.6 If, prior to the satisfactory completion of services under this Agreement, the total costs incurred by ENGINEER are within 25% of the maximum amount payable, ENGINEER shall notify OWNER in writing. ENGINEER shall cease all work when the total costs incurred equal 95% of the maximum amount payable. Work will not recommence until ENGINEER receives written notice from OWNER and an adjusted maximum amount payable has been negotiated, if in the sole judgment of OWNER, such an adjustment is required. The ENGINEER shall not be entitled to compensation for unauthorized work over the maximum amount payable. This section shall not apply when the method of compensation described in Article 8.1 is lump sum. 8.8 8.7 Upon satisfactory completion of all work and services to be performed hereunder, and prior to final payment under this Agreement for such servicesseries, or prior to settlement upon termination of this Agreement, and as a condition precedent thereto, ENGINEER shall execute and deliver to OWNER a release of all claims against OWNER arising under or by virtue of this Agreement. In all events, the making and acceptance of final payment shall be conclusive as to OWNER's ’S performance of the Agreement and shall constitute a waiver of all claims by ENGINEER against OWNEROWNER and OWNER against ENGINEER.

Compensation to Engineer. 8.1 For the services described in this Agreement or in "“Attachment A"”, OWNER agrees to pay ENGINEER as per the provisions of "“Attachment G"”, unless modified by an amendment to this Agreement. 8.2 No payment request or statement made pursuant to this Article shall exceed the estimated amount in value of the work and services performed by ENGINEER under this Agreement, which estimates shall be prepared by ENGINEER and supplemented or accompanied accompanies by such supporting data as may be required by OWNER. 8.3 Payment requests request by ENGINEER shall be submitted once no more often than bi-monthly. The payment request shall be accompanied by a signed voucher and such supporting data as may be required by OWNER. 8.4 When progress payments are made to ENGINEER, OWNER may withhold Ten Percent (10%) of the amount and value of all work and services theretofore performed by ENGINEER, as shown by ENGINEER's ’S payment request. If OWNER determines that ENGINEER's ’S performance is satisfactory, OWNER, at its sole discretion, may reduce or eliminate retainage. OWNER's ’S right to withhold retainage pursuant to this paragraph may be implemented at any time during ENGINEER's ’S period of services and may relate back to prior priorp payments against which no retainage was withheld. Once The money withheld will be placed in an interest bearing account with the interest earned payable to ENGINEER. Depository and account shall be mutually agreed upon. One the Project is completed competed in accordance with the terms of this Agreement, OWNER will pay ENGINEER promptly for the retainage withheld and the resulting interest. 8.5 OWNER shall have the right to withhold from payments due ENGINEER such sums as necessary to protect OWNER against any loss, claim or damage which may result from the negligence or unsatisfactory work by ENGINEER, failure by ENGINEER to perform its obligations and responsibilities under this Agreement, Agreement or claims filed against ENGINEER or OWNER relating to ENGINEER's ’S services or work. OWNER shall provide ENGINEER written notification of its reason for so withholding payments. When the grounds or causes for such withholding are removed, payment shall be made for amounts withheld because of them. 8.6 OWNER shall pay ENGINEER for the professional services supported by invoices and documentation. OWNER will pay the amount of the invoice within thirty ninety (3090) days of OWNER's ’S acknowledgement that invoice and documentation are acceptable. OWNER will give ENGINEER written notice within five (5) working days of or receipt of the invoice and documentation if the invoice or documentation is not acceptable. OWNER is the sole judge as to the acceptability of the invoices and documentation. If OWNER fails to pay ENGINEER according to this paragraph, OWNER shall pay ENGINEER 0.0192% of the unpaid amount per each day in excess of thirty ninety (3090) days. 8.7 If, prior to the satisfactory completion of services under this Agreement, the total costs incurred by ENGINEER are within 25% of the maximum amount payable, ENGINEER shall notify OWNER in writing. ENGINEER shall cease all work when the total costs incurred equal 95% of the maximum amount payable. Work will not recommence until ENGINEER receives written notice from OWNER and an adjusted maximum amount payable has been negotiated, if in the sole judgment of OWNER, such an adjustment is required. The ENGINEER shall not be entitled to compensation for unauthorized work over the maximum amount payable. This section shall not apply when the method of compensation described in Article 8.1 is lump sum. 8.8 Upon satisfactory completion of all work and services to be performed hereunder, and prior to final payment under this Agreement for such servicesseries, or prior to settlement upon termination of this Agreement, and as a condition precedent thereto, ENGINEER shall execute and deliver to OWNER a release of all claims against OWNER arising under or by virtue of this Agreement. In all events, the making and acceptance of final payment shall be conclusive as to OWNER's OWNERS’S performance of the Agreement and shall constitute a waiver of all claims by ENGINEER against OWNER.

Compensation to Engineer. 8.1 For the services described in this Agreement or in "Attachment A", OWNER agrees to pay ENGINEER as per the provisions of "Attachment G", unless modified by an amendment to this Agreement. 8.2 No payment request or statement made pursuant to this Article shall exceed the estimated amount in value of the work and services performed by ENGINEER under this Agreement, which estimates shall be prepared by ENGINEER and supplemented or accompanied by such supporting data as may be required by OWNER. 8.3 Payment requests by ENGINEER shall be submitted once monthly. The payment request shall be accompanied by a signed voucher and such supporting data as may be required by OWNER. 8.4 When progress payments are made to ENGINEER, OWNER may withhold Ten Percent (10%) of the amount and value of all work and services theretofore performed by ENGINEER, as shown by ENGINEER's payment request. If OWNER determines that ENGINEER's performance is satisfactory, OWNER, at its sole discretion, may reduce or eliminate retainage. OWNER's right to withhold retainage pursuant to this paragraph may be implemented at any time during ENGINEER's period of services and may relate back to prior payments against which no retainage was withheld. The money withheld will be placed in an interest bearing account with the interest earned payable to ENGINEER. Depository and account shall be mutually agreed upon. Once the Project is completed in accordance with the terms of this Agreement, OWNER will pay ENGINEER promptly for the retainage withheld and the resulting interest. 8.5 OWNER shall have the right to withhold from payments due ENGINEER such sums as necessary to protect OWNER against any loss, claim or damage which may result from the negligence or unsatisfactory work by ENGINEER, failure by ENGINEER to perform its obligations and responsibilities under this Agreement, or claims filed against ENGINEER or OWNER relating to ENGINEER's services or work. OWNER shall provide ENGINEER written notification of its reason for so withholding payments. When the grounds or causes for such withholding are removed, payment shall be made for amounts withheld because of them. 8.6 OWNER shall pay ENGINEER for the professional services supported by invoices and documentation. OWNER will pay the amount of the invoice within thirty (30) days of OWNER's acknowledgement that invoice and documentation are acceptable. OWNER will give ENGINEER written notice within five (5) working days of receipt of the invoice and documentation if the invoice or documentation is not acceptable. OWNER is the sole judge as to the acceptability of the invoices and documentation. If OWNER fails to pay ENGINEER according to this paragraph, OWNER shall pay ENGINEER 0.0192% of the unpaid amount per each day in excess of thirty (30) days. 8.7 If, prior to the satisfactory completion of services under this Agreement, the total costs incurred by ENGINEER are within 25% of the maximum amount payable, ENGINEER shall notify OWNER in writing. ENGINEER shall cease all work when the total costs incurred equal 95% of the maximum amount payable. Work will not recommence until ENGINEER receives written notice from OWNER and an adjusted maximum amount payable has been negotiated, if in the sole judgment of OWNER, such an adjustment is required. ENGINEER shall not be entitled to compensation for unauthorized work over the maximum amount payable. This section shall not apply when the method of compensation described in Article 8.1 is lump sum. 8.8 Upon satisfactory completion of all work and services to be performed hereunder, and prior to final payment under this Agreement for such services, or prior to settlement upon termination of this Agreement, and as a condition precedent thereto, ENGINEER shall execute and deliver to OWNER a release of all claims against OWNER arising under or by virtue of this Agreement. In all events, the making and acceptance of final payment shall be conclusive as to OWNER's performance of the Agreement and shall constitute a waiver of all claims by ENGINEER against OWNER.

Compensation to Engineer. 8.1 For the services described in this Agreement or in "“Attachment A"”, OWNER agrees to pay ENGINEER as per the provisions of "“Attachment G"”, unless modified by an amendment to this Agreement. 8.2 No payment request or statement made pursuant to this Article shall exceed the estimated amount in value of the work and services performed by ENGINEER under this Agreement, which estimates shall be prepared by ENGINEER and supplemented or accompanied accompanies by such supporting data as may be required by OWNER. 8.3 Payment requests request by ENGINEER shall be submitted once no more often than bi-monthly. The payment request shall be accompanied by a signed voucher and such supporting data as may be required by OWNER. 8.4 When progress payments are made to ENGINEER, OWNER may withhold Ten Percent (10%) of the amount and value of all work and services theretofore performed by ENGINEER, as shown by ENGINEER's ’S payment request. If OWNER determines that ENGINEER's ’S performance is satisfactory, OWNER, at its sole discretion, may reduce or eliminate retainage. OWNER's ’S right to withhold retainage pursuant to this paragraph may be implemented at any time during ENGINEER's ’S period of services and may relate back to prior payments against which no retainage was withheld. Once The money withheld will be placed in an interest bearing account with the interest earned payable to ENGINEER. Depository and account shall be mutually agreed upon. One the Project is completed competed in accordance with the terms of this Agreement, OWNER will pay ENGINEER promptly for the retainage withheld and the resulting interest. 8.5 OWNER shall have the right to withhold from payments due ENGINEER such sums as necessary to protect OWNER against any loss, claim or damage which may result from the negligence or unsatisfactory work by ENGINEER, failure by ENGINEER to perform its obligations and responsibilities under this Agreement, Agreement or claims filed against ENGINEER or OWNER relating to ENGINEER's ’S services or work. OWNER shall provide ENGINEER written notification of its reason for so withholding payments. When the grounds or causes for such withholding are removed, payment shall be made for amounts withheld because of them. 8.6 OWNER shall pay ENGINEER for the professional services supported by invoices and documentation. OWNER will pay the amount of the invoice within thirty ninety (3090) days of OWNER's ’S acknowledgement that invoice and documentation are acceptable. OWNER will give ENGINEER written notice within five (5) working days of or receipt of the invoice and documentation if the invoice or documentation is not acceptable. OWNER is the sole judge as to the acceptability of the invoices and documentation. If OWNER fails to pay ENGINEER according to this paragraph, OWNER shall pay ENGINEER 0.0192% of the unpaid amount per each day in excess of thirty ninety (3090) days. 8.7 If, prior to the satisfactory completion of services under this Agreement, the total costs incurred by ENGINEER are within 25% of the maximum amount payable, ENGINEER shall notify OWNER in writing. ENGINEER shall cease all work when the total costs incurred equal 95% of the maximum amount payable. Work will not recommence until ENGINEER receives written notice from OWNER and an adjusted maximum amount payable has been negotiated, if in the sole judgment of OWNER, such an adjustment is required. The ENGINEER shall not be entitled to compensation for unauthorized work over the maximum amount payable. This section shall not apply when the method of compensation described in Article 8.1 is lump sum. 8.8 Upon satisfactory completion of all work and services to be performed hereunder, and prior to final payment under this Agreement for such servicesseries, or prior to settlement upon termination of this Agreement, and as a condition precedent thereto, ENGINEER shall execute and deliver to OWNER a release of all claims against OWNER arising under or by virtue of this Agreement. In all events, the making and acceptance of final payment shall be conclusive as to OWNER's OWNERS’S performance of the Agreement and shall constitute a waiver of all claims by ENGINEER against OWNER.

Compensation to Engineer. 8.1 For the services described in this Agreement or in "“Attachment A"”, OWNER agrees to pay ENGINEER as per the provisions of "“Attachment G"”, unless modified by an amendment to this Agreement. 8.2 No payment request or statement made pursuant to this Article shall exceed the estimated amount in value of the work and services performed by ENGINEER under this Agreement, which estimates shall be prepared by ENGINEER and supplemented or accompanied by such supporting data as may be required by OWNER. 8.3 Payment requests request by ENGINEER shall be submitted once no more often than monthly. The payment request shall be accompanied by a signed voucher and such supporting data as may be required by OWNER. 8.4 When progress payments are made to ENGINEER, OWNER may withhold Ten Percent (10%) of the amount and value of all work and services theretofore performed by ENGINEER, as shown by ENGINEER's payment request. If OWNER determines that ENGINEER's performance is satisfactory, OWNER, at its sole discretion, may reduce or eliminate retainage. OWNER's right to withhold retainage pursuant to this paragraph may be implemented at any time during ENGINEER's period of services and may relate back to prior payments against which no retainage was withheld. Once the Project is completed in accordance with the terms of this Agreement, OWNER will pay ENGINEER promptly for the retainage withheld and the resulting interest. 8.5 OWNER shall have the right to withhold from payments due ENGINEER such sums as necessary to protect OWNER against any loss, claim or damage which may result from the negligence or unsatisfactory work by ENGINEER, failure by ENGINEER to perform its obligations and responsibilities under this Agreement, Agreement or claims filed against ENGINEER or OWNER relating to ENGINEER's ’s services or work. OWNER shall provide ENGINEER written notification of its reason for so withholding payments. When the grounds or causes for such withholding are removed, payment shall be made for amounts withheld because of them. 8.6 8.5 OWNER shall pay ENGINEER for the professional services supported by invoices and documentation. OWNER will pay the amount of the invoice within thirty (30) days of OWNER's ’s acknowledgement that invoice and documentation are acceptable. OWNER will give ENGINEER written notice within five (5) working days of receipt of the invoice and documentation if the invoice or documentation is not acceptable. OWNER is the sole judge as to the acceptability of the invoices and documentation. If OWNER fails to pay ENGINEER according to this paragraph, OWNER shall pay ENGINEER 0.0192% of the unpaid amount per each day in excess of thirty (30) days. 8.7 8.6 If, prior to the satisfactory completion of services under this Agreement, the total costs incurred by ENGINEER are within 25% of the maximum amount payable, ENGINEER shall notify OWNER in writing. ENGINEER shall cease all work when the total costs incurred equal 95% of the maximum amount payable. Work will not recommence until ENGINEER receives written notice from OWNER and an adjusted maximum amount payable has been negotiated, if in the sole judgment of OWNER, such an adjustment is required. The ENGINEER shall not be entitled to compensation for unauthorized work over the maximum amount payable. This section shall not apply when the method of compensation described in Article 8.1 is lump sum. 8.8 8.7 Upon satisfactory completion of all work and services to be performed hereunder, and prior to final payment under this Agreement for such servicesseries, or prior to settlement upon termination of this Agreement, and as a condition precedent thereto, ENGINEER shall execute and deliver to OWNER a release of all claims against OWNER arising under or by virtue of this Agreement. In all events, the making and acceptance of final payment shall be conclusive as to OWNER's ’s performance of the Agreement and shall constitute a waiver of all claims by ENGINEER against OWNEROWNER and OWNER against ENGINEER.