Common use of Payment to Consultant Clause in Contracts

Payment to Consultant. 3.1 The CONSULTANT will submit monthly statements requesting payment which shall be based on the amount of services provided and expenses incurred by CONSULTANT during the billing period. Payment is due CONSULTANT upon receipt of statement by CLIENT. 3.2 If CLIENT fails to make any payment due CONSULTANT for services and expenses within thirty (30) days after receipt of CONSULTANT'S statement therefore, the amounts due CONSULTANT shall include an additional charge at the maximum legal rate allowed by law plus reasonable attorney fees, court costs and actual expenses incurred in connection with collection of any past due amount. CONSULTANT may suspend performance of services upon ten (10) calendar days’ notice to the CLIENT for failure of payments when due or any other breach of this Agreement. CONSULTANT shall not have any liability whatsoever to the CLIENT for any costs or damages as a result of such suspension. If CONSULTANT resumes services after payment by CLIENT, the time schedule and compensation shall be equitably adjusted to compensate for the period of suspension plus any other reasonable time and expense necessary for CONSULTANT to resume performance. If an invoice remains unpaid for more than 90 days, CONSULTANT shall have the right, but not the obligation, to initiate collection procedures. If the CLIENT fails to make payment when due and CONSULTANT incurs any costs in order to collect sums from the CLIENT, the CLIENT agrees that all such collection costs incurred shall immediately become due and payable to CONSULTANT. This obligation of CLIENT to pay CONSULTANT’S collection costs shall survive the term of this Agreement or any termination by either party. 3.3 The type of fee will be specified on page one of this Agreement and shall conform to one of the following methods of payment: Method 1 - HOURLY RATES. CLIENT shall pay CONSULTANT at the hourly rates specified on page one of this Agreement or in attachments hereto, for all services rendered by commissioning authorities, engineers, planners, principals, scientists, surveyors, and employees engaged on the project, plus an amount equal to CONSULTANT'S actual reimbursable costs related to the project times a factor to be specified on page one of this Agreement. The Standard Hourly Rates and Reimbursable Expenses Schedule will be adjusted annually to reflect equitable changes in the compensation payable to the CONSULTANT. Method 2 - LUMP SUM. CLIENT shall pay CONSULTANT a lump sum fee for all services furnished by commissioning authorities, engineers, planners, principals, scientists, surveyors, and employees engaged on this project as necessary to complete the basic services described herein. Statements will be submitted based on CONSULTANT’S estimate of work completed during each billing period.

Payment to Consultant. 3.1 The CONSULTANT will submit monthly statements requesting payment A. In consideration of CONSULTANT’s performance of services as described herein for the initial term of this Agreement, which shall be based deemed to be from January 1, 2020 until June 30, 2020, DISTRICT shall pay CONSULTANT fees for his services at the rate of $119.00 per hour plus any reasonable expenses. On or prior to the thirtieth (30th) day of each calendar month after actual work is started, CONSULTANT shall submit an invoice to the DISTRICT and VRSD (for processing only) in sufficient detail to show the total amount of work done to the last day of the month preceding the one in which the invoice is submitted. DISTRICT shall review and approve CONSULTANT's invoice for accuracy and agree with CONSULTANT on any adjustments that may be appropriate. For purposes of this paragraph, the DISTRICT shall be deemed to be the Chair of this DISTRICT’s Board of Directors or an individual designated by the Chair. Such approvals shall not be unreasonably withheld. In the event that the invoice is not approved within ten (10) days from the date of submission, it shall be deemed approved. DISTRICT shall pay CONSULTANT for all approved work and materials within 30 days of agreement on the amount of services provided the invoice. In the event of disagreement with CONSULTANT on adjustments or disallowances, said amounts and expenses incurred by CONSULTANT during disputes shall be withheld until resolved. Upon resolution of the billing period. Payment is due CONSULTANT upon receipt disagreements, payment of statement by CLIENTthe approved amount shall be made within 30 days after deducting therefrom all previous payments and all sums to be retained under the terms of the agreement. 3.2 If CLIENT fails to make any payment due CONSULTANT for services and expenses within thirty (30) days after receipt of CONSULTANT'S statement therefore, the amounts due CONSULTANT shall include an additional charge at the maximum legal rate allowed by law plus reasonable attorney fees, court costs and actual expenses incurred in connection with collection of any past due amount. CONSULTANT may suspend performance of services upon ten (10) calendar days’ notice to the CLIENT for failure of payments when due or any other breach of this Agreement. CONSULTANT shall not have any liability whatsoever to the CLIENT for any costs or damages as a result of such suspension. If CONSULTANT resumes services after payment by CLIENT, the time schedule and compensation shall be equitably adjusted to compensate for the period of suspension plus any other reasonable time and expense necessary for CONSULTANT to resume performance. If an invoice remains unpaid for more than 90 days, CONSULTANT shall have the right, but not the obligation, to initiate collection procedures. If the CLIENT fails to make payment when due and CONSULTANT incurs any costs in order to collect sums from the CLIENT, the CLIENT agrees B. The parties agree that all such collection costs incurred shall immediately become due and payable to CONSULTANT. This obligation of CLIENT to pay CONSULTANT’S collection costs shall survive before each fiscal year during the term of this Agreement or any termination by either partyAgreement, CONSULTANT shall provide to DISTRICT a budget of CONSULTANT’s estimated total fees to be paid for that fiscal year. In the event that CONSULTANT anticipates that the amount budgeted will not be sufficient for the work to be done in a given fiscal year, the DISTRICT may consider a budget adjustment. 3.3 The type of fee will C. CONSULTANT shall be specified on page one of this Agreement and shall conform entitled to one an increased hourly rate for any of the following methods of payment: Method 1 - HOURLY RATES. CLIENT shall pay CONSULTANT at the hourly rates specified on page one of this Agreement or in attachments heretofour extensions, for all services rendered by commissioning authorities, engineers, planners, principals, scientists, surveyorsif, and employees engaged on only if, the projectincreased hourly rate has been explicitly and specifically approved by the DISTRICT Board of Directors in their approved annual operating budgets for that year. D. The basic salary of $119.00 per hour, plus an amount equal to CONSULTANT'S actual reimbursable costs related to the project times a factor to be specified on page one of this Agreement. The Standard Hourly Rates and Reimbursable Expenses Schedule will provided for herein, shall be adjusted annually to reflect equitable changes the increase in the compensation payable cost of living during the previous year by adding to that basic salary an amount obtained by multiplying the basic salary by the percentage by which the level of the consumer price index for the Los Angeles-Long Beach-Anaheim metropolitan area as reported for the last day of that annual period by the Bureau of Labor Statistics of the United States Department of Labor has increased over its level as of June 1, 2019. However, in no event shall the basic salary be increased by more than five percent (5%) in any annual adjustment. In other words, the annual adjustment to the CONSULTANT. Method 2 - LUMP SUM. CLIENT basic salary shall be the lesser of five percent (5%) or the increase in the consumer price index as calculated herein. E. Following the end of each year of this Agreement, and within ten (10) days after the release by the Bureau of Labor Statistics of the figures for that year, the DISTRICT shall pay to CONSULTANT a lump sum fee for all services furnished the amount of any additional compensation to which CONSULTANT is entitled by commissioning authorities, engineers, planners, principals, scientists, surveyors, and employees engaged on this project as necessary to complete reason of the basic services described herein. Statements will be submitted based on CONSULTANT’S estimate of work completed during each billing periodadjustment provided above.

Payment to Consultant. 3.1 The CONSULTANT will submit monthly statements requesting payment A. In consideration of CONSULTANT’s performance of services as described herein for the initial term of this Agreement, which shall be based deemed to be from September 1, 2019 until June 30, 2020, DISTRICT shall pay CONSULTANT fees for his services at the rate of $95.00 per hour plus any reasonable expenses. On or prior to the thirtieth (30th) day of each calendar month after actual work is started, CONSULTANT shall submit an invoice to the DISTRICT and VRSD (for processing only) in sufficient detail to show the total amount of work done to the last day of the month preceding the one in which the invoice is submitted. DISTRICT shall review and approve CONSULTANT's invoice for accuracy and agree with CONSULTANT on any adjustments that may be appropriate. For purposes of this paragraph, the DISTRICT shall be deemed to be the Chair of this DISTRICT’s Board of Directors or an individual designated by the Chair. Such approvals shall not be unreasonably withheld. In the event that the invoice is not approved within ten (10) days from the date of submission, it shall be deemed approved. DISTRICT shall pay CONSULTANT for all approved work and materials within 30 days of agreement on the amount of services provided the invoice. In the event of disagreement with CONSULTANT on adjustments or disallowances, said amounts and expenses incurred by CONSULTANT during disputes shall be withheld until resolved. Upon resolution of the billing period. Payment is due CONSULTANT upon receipt disagreements, payment of statement by CLIENTthe approved amount shall be made within 30 days after deducting therefrom all previous payments and all sums to be retained under the terms of the agreement. 3.2 If CLIENT fails to make any payment due CONSULTANT for services and expenses within thirty (30) days after receipt of CONSULTANT'S statement therefore, the amounts due CONSULTANT shall include an additional charge at the maximum legal rate allowed by law plus reasonable attorney fees, court costs and actual expenses incurred in connection with collection of any past due amount. CONSULTANT may suspend performance of services upon ten (10) calendar days’ notice to the CLIENT for failure of payments when due or any other breach of this Agreement. CONSULTANT shall not have any liability whatsoever to the CLIENT for any costs or damages as a result of such suspension. If CONSULTANT resumes services after payment by CLIENT, the time schedule and compensation shall be equitably adjusted to compensate for the period of suspension plus any other reasonable time and expense necessary for CONSULTANT to resume performance. If an invoice remains unpaid for more than 90 days, CONSULTANT shall have the right, but not the obligation, to initiate collection procedures. If the CLIENT fails to make payment when due and CONSULTANT incurs any costs in order to collect sums from the CLIENT, the CLIENT agrees B. The parties agree that all such collection costs incurred shall immediately become due and payable to CONSULTANT. This obligation of CLIENT to pay CONSULTANT’S collection costs shall survive before each fiscal year during the term of this Agreement or any termination by either partyAgreement, CONSULTANT shall provide to DISTRICT a budget of CONSULTANT’s estimated total fees to be paid for that fiscal year. In the event that CONSULTANT anticipates that the amount budgeted will not be sufficient for the work to be done in a given fiscal year, the DISTRICT may consider a budget adjustment. 3.3 The type of fee will C. CONSULTANT shall be specified on page one of this Agreement and shall conform entitled to one an increased hourly rate for any of the following methods of payment: Method 1 - HOURLY RATES. CLIENT shall pay CONSULTANT at the hourly rates specified on page one of this Agreement or in attachments heretofour extensions, for all services rendered by commissioning authorities, engineers, planners, principals, scientists, surveyorsif, and employees engaged on only if, the projectincreased hourly rate has been explicitly and specifically approved by the DISTRICT Board of Directors in their approved annual operating budgets for that year. D. The basic salary of $95.00 per hour, plus an amount equal to CONSULTANT'S actual reimbursable costs related to the project times a factor to be specified on page one of this Agreement. The Standard Hourly Rates and Reimbursable Expenses Schedule will provided for herein, shall be adjusted annually to reflect equitable changes the increase in the compensation payable cost of living during the previous year by adding to that basic salary an amount obtained by multiplying the basic salary by the percentage by which the level of the consumer price index for the Los Angeles-Long Beach-Anaheim metropolitan area as reported for the last day of that annual period by the Bureau of Labor Statistics of the United States Department of Labor has increased over its level as of June 1, 2019. However, in no event shall the basic salary be increased by more than five percent (5%) in any annual adjustment. In other words, the annual adjustment to the CONSULTANT. Method 2 - LUMP SUM. CLIENT basic salary shall be the lesser of five percent (5%) or the increase in the consumer price index as calculated herein. E. Following the end of each year of this Agreement, and within ten (10) days after the release by the Bureau of Labor Statistics of the figures for that year, the District shall pay to CONSULTANT a lump sum fee for all services furnished the amount of any additional compensation to which CONSULTANT is entitled by commissioning authorities, engineers, planners, principals, scientists, surveyors, and employees engaged on this project as necessary to complete reason of the basic services described herein. Statements will be submitted based on CONSULTANT’S estimate of work completed during each billing periodadjustment provided above.

Payment to Consultant. 3.1 The CONSULTANT will submit monthly statements requesting payment A. In consideration of CONSULTANT’s performance of services as described herein for the initial term of this Agreement, which shall be based deemed to be from September 1, 2019 until June 30, 2020, DISTRICT shall pay CONSULTANT fees for his services at the rate of $120.00 per hour plus any reasonable expenses. On or prior to the thirtieth (30th) day of each calendar month after actual work is started, CONSULTANT shall submit an invoice to the DISTRICT and VRSD (for processing only) in sufficient detail to show the total amount of work done to the last day of the month preceding the one in which the invoice is submitted. DISTRICT shall review and approve CONSULTANT's invoice for accuracy and agree with CONSULTANT on any adjustments that may be appropriate. For purposes of this paragraph, the DISTRICT shall be deemed to be the Chair of this DISTRICT’s Board of Directors or an individual designated by the Chair. Such approvals shall not be unreasonably withheld. In the event that the invoice is not approved within ten (10) days from the date of submission, it shall be deemed approved. DISTRICT shall pay CONSULTANT for all approved work and materials within 30 days of agreement on the amount of services provided the invoice. In the event of disagreement with CONSULTANT on adjustments or disallowances, said amounts and expenses incurred by CONSULTANT during disputes shall be withheld until resolved. Upon resolution of the billing period. Payment is due CONSULTANT upon receipt disagreements, payment of statement by CLIENTthe approved amount shall be made within 30 days after deducting therefrom all previous payments and all sums to be retained under the terms of the agreement. 3.2 If CLIENT fails to make any payment due CONSULTANT for services and expenses within thirty (30) days after receipt of CONSULTANT'S statement therefore, the amounts due CONSULTANT shall include an additional charge at the maximum legal rate allowed by law plus reasonable attorney fees, court costs and actual expenses incurred in connection with collection of any past due amount. CONSULTANT may suspend performance of services upon ten (10) calendar days’ notice to the CLIENT for failure of payments when due or any other breach of this Agreement. CONSULTANT shall not have any liability whatsoever to the CLIENT for any costs or damages as a result of such suspension. If CONSULTANT resumes services after payment by CLIENT, the time schedule and compensation shall be equitably adjusted to compensate for the period of suspension plus any other reasonable time and expense necessary for CONSULTANT to resume performance. If an invoice remains unpaid for more than 90 days, CONSULTANT shall have the right, but not the obligation, to initiate collection procedures. If the CLIENT fails to make payment when due and CONSULTANT incurs any costs in order to collect sums from the CLIENT, the CLIENT agrees B. The parties agree that all such collection costs incurred shall immediately become due and payable to CONSULTANT. This obligation of CLIENT to pay CONSULTANT’S collection costs shall survive before each fiscal year during the term of this Agreement or any termination by either partyAgreement, CONSULTANT shall provide to DISTRICT a budget of CONSULTANT’s estimated total fees to be paid for that fiscal year. In the event that CONSULTANT anticipates that the amount budgeted will not be sufficient for the work to be done in a given fiscal year, the DISTRICT may consider a budget adjustment. 3.3 The type of fee will C. CONSULTANT shall be specified on page one of this Agreement and shall conform entitled to one an increased hourly rate for any of the following methods of payment: Method 1 - HOURLY RATES. CLIENT shall pay CONSULTANT at the hourly rates specified on page one of this Agreement or in attachments heretofour extensions, for all services rendered by commissioning authorities, engineers, planners, principals, scientists, surveyorsif, and employees engaged on only if, the projectincreased hourly rate has been explicitly and specifically approved by the DISTRICT Board of Directors in their approved annual operating budgets for that year. D. The basic salary of $120.00 per hour, plus an amount equal to CONSULTANT'S actual reimbursable costs related to the project times a factor to be specified on page one of this Agreement. The Standard Hourly Rates and Reimbursable Expenses Schedule will provided for herein, shall be adjusted annually to reflect equitable changes the increase in the compensation payable cost of living during the previous year by adding to that basic salary an amount obtained by multiplying the basic salary by the percentage by which the level of the consumer price index for the Los Angeles-Long Beach-Anaheim metropolitan area as reported for the last day of that annual period by the Bureau of Labor Statistics of the United States Department of Labor has increased over its level as of June 1, 2019. However, in no event shall the basic salary be increased by more than five percent (5%) in any annual adjustment. In other words, the annual adjustment to the CONSULTANT. Method 2 - LUMP SUM. CLIENT basic salary shall be the lesser of five percent (5%) or the increase in the consumer price index as calculated herein. E. Following the end of each year of this Agreement, and within ten (10) days after the release by the Bureau of Labor Statistics of the figures for that year, the District shall pay to CONSULTANT a lump sum fee for all services furnished the amount of any additional compensation to which CONSULTANT is entitled by commissioning authorities, engineers, planners, principals, scientists, surveyors, and employees engaged on this project as necessary to complete reason of the basic services described herein. Statements will be submitted based on CONSULTANT’S estimate of work completed during each billing periodadjustment provided above.

Payment to Consultant. 3.1 The CONSULTANT will submit monthly statements requesting payment which 2.1 In full and complete consideration for Consultant (i) making available the Consulting Services to the Company, whether or not requested by the Company, and (ii) the release and waiver provided for in Section 5.1, the Company shall pay to Consultant the consulting fees specified in Section 2.3 and make available the benefits set forth in Section 2.4. 2.2 Consultant and the Company agree that the Company shall have the right to call upon up to 8 hours of Consultant’s time each week, exclusive of Saturdays, Sundays and Company holidays, during the Term of this Agreement. Company may not require any Consulting Services to be performed that require more than 8 hours in any week without the consent of Consultant. 2.3 Subject to Section 5.1, the Company shall pay Consultant for the Consulting Services, whether or not requested by the Company, at a rate of $33,500.00 per calendar month, commencing with the month of April 2008. Any time expended by Consultant in excess of 8 hours in any week shall be based authorized in writing by Company’s authorized representative and shall be compensated at the rate of $1,000.00 per hour. Any excess time accrued during the Term hereof shall be billed by Consultant with supporting documentation on a monthly basis. 2.4 The Company shall reimburse Consultant for all reasonable expenses, including travel at first class air fare and reasonable accommodations for out-of-town travel requested and approved by the Company in advance. Invoices for expenses chargeable to the Company hereunder shall be supported by appropriate receipts. Any expenses not submitted to Company within sixty (60) days after incurrence shall not be reimbursed by the Company unless specifically authorized by the Company’s authorized representative. 2.5 Consultant shall submit invoices not more often than monthly, and, subject to Section 5.1, the Company shall pay the amount of services provided and expenses incurred by CONSULTANT during the billing period. Payment is due CONSULTANT upon receipt of statement by CLIENT. 3.2 If CLIENT fails to make any payment due CONSULTANT for services and expenses owed within thirty (30) days after from the Company’s receipt of CONSULTANT'S statement therefore, the amounts due CONSULTANT invoice. All invoices and xxxxxxxx under this Agreement shall include an additional charge be submitted to: All payments under this Agreement shall be made to Consultant at the maximum legal rate allowed account currently designated in writing by law plus reasonable attorney fees, court costs Consultant for direct payment . 2.6 The Company shall have the right at its sole discretion and actual expenses incurred in connection with collection of any past due amount. CONSULTANT may suspend performance of services upon ten (10) calendar days’ days written notice to Consultant to audit all charges made by Consultant pursuant to this Agreement. 2.7 It is intended that the CLIENT consulting fees paid hereunder shall constitute earnings from self-employment income. The Company will not withhold any amounts therefrom as US federal income tax withholdings from wages or as employee contributions under the US Federal Insurance Contributions Act or make employer contributions thereunder with respect thereto. Consultant shall be solely responsible for failure the reporting, estimation and payment of payments when due all income taxes, fees and other contributions on or attributable to self-employment income attributable to the fees payable hereunder. 2.8 It is understood and agreed that this Agreement does not create the relationship of employer and employee between the Company and the Consultant. Consultant is an independent contractor with the responsibility for, and control over, the details and means of performing the Consulting Services. Nothing contained in this Agreement shall be construed as constituting Consultant as agent, representative or employee of the Company, and Consultant shall not represent to the contrary to any person, unless expressly authorized by the Company’s authorized agent. Consultant shall not be entitled to any benefits afforded to employees of the Company or any other breach of this Agreement. CONSULTANT shall not have any liability whatsoever to the CLIENT for any costs or damages as a result of such suspension. If CONSULTANT resumes services after payment by CLIENT, the time schedule and compensation shall be equitably adjusted to compensate for the period of suspension plus any other reasonable time and expense necessary for CONSULTANT to resume performance. If an invoice remains unpaid for more than 90 days, CONSULTANT shall have the right, but not the obligation, to initiate collection procedures. If the CLIENT fails to make payment when due and CONSULTANT incurs any costs in order to collect sums from the CLIENT, the CLIENT agrees that all such collection costs incurred shall immediately become due and payable to CONSULTANT. This obligation of CLIENT to pay CONSULTANT’S collection costs shall survive the term of this Agreement or any termination by either party. 3.3 The type of fee will be specified on page one of this Agreement and shall conform to one partner of the following methods Company. Attached as Appendix A is a Notice and Verification of payment: Method 1 - HOURLY RATES. CLIENT shall pay CONSULTANT at the hourly rates specified on page one of this Agreement or in attachments hereto, for all services rendered by commissioning authorities, engineers, planners, principals, scientists, surveyors, and employees engaged on the project, plus an amount equal to CONSULTANT'S actual reimbursable costs related to the project times a factor to be specified on page one of this Agreement. The Standard Hourly Rates and Reimbursable Expenses Schedule will be adjusted annually to reflect equitable changes in the compensation payable to the CONSULTANT. Method 2 - LUMP SUM. CLIENT shall pay CONSULTANT a lump sum fee for all services furnished by commissioning authorities, engineers, planners, principals, scientists, surveyors, and employees engaged on this project as necessary to complete the basic services described herein. Statements will be submitted based on CONSULTANT’S estimate of work completed during each billing periodIndependent Contractor Status.

Payment to Consultant. 3.1 The CONSULTANT will submit monthly statements requesting payment which 2.1 In full and complete consideration for Consultant (i) making available the Consulting Services to the Company, whether or not requested by the Company, and (ii) the release and waiver provided for in Section 4.1, the Company shall pay to Consultant the consulting fees specified in Section 2.3. 2.2 Consultant and the Company agree that the Company shall have the right to call upon up to 16 hours of Consultant’s time each week, exclusive of Saturdays, Sundays and Company holidays, during the Term of this Agreement. Company may not require any Consulting Services to be performed that require more than 16 hours in any week without the consent of Consultant. 2.3 Subject to Section 4.1, the Company shall pay Consultant for the Consulting Services, whether or not requested by the Company, at a rate of $17,900.00 per calendar month (prorated for any partial month), commencing on May 15, 2008. Any time expended by Consultant in excess of 16 hours in any week shall be authorized in writing by Company’s authorized representative and shall be compensated at the rate of $200.00 per hour. Any excess time accrued during the Term hereof shall be billed by Consultant with supporting documentation on a monthly basis. 2.4 The Company shall reimburse Consultant for all reasonable business expenses that are incurred in accordance with the Company’s general policies and are approved by the Company in advance. Invoices for expenses chargeable to the Company hereunder shall be supported by appropriate receipts. Any expenses not submitted to the Company within sixty (60) days after incurrence shall not be reimbursed by the Company unless specifically authorized by the Company’s authorized representative. 2.5 If Consultant shall timely elect COBRA continuation coverage, the monthly premium for such COBRA continuation coverage during the Term of this Agreement shall be the monthly premium charged to an active employee for similar coverage based on Consultant’s elected coverage tier status. 2.6 Consultant shall submit invoices not more often than monthly, and, subject to Section 4.1, the Company shall pay the amount of services provided and expenses incurred by CONSULTANT during the billing period. Payment is due CONSULTANT upon receipt of statement by CLIENT. 3.2 If CLIENT fails to make any payment due CONSULTANT for services and expenses owed within thirty (30) days after from the Company’s receipt of CONSULTANT'S statement therefore, the amounts due CONSULTANT invoice. All invoices and xxxxxxxx under this Agreement shall include an additional charge be submitted to: All payments under this Agreement shall be made to Consultant at the maximum legal rate allowed account currently designated in writing by law plus reasonable attorney fees, court costs Consultant for direct payment. 2.7 The Company shall have the right at its sole discretion and actual expenses incurred in connection with collection of any past due amount. CONSULTANT may suspend performance of services upon ten (10) calendar days’ days written notice to Consultant to audit all charges made by Consultant pursuant to this Agreement. 2.8 It is intended that the CLIENT consulting fees paid hereunder shall constitute earnings from self-employment income. The Company will not withhold any amounts therefrom as US federal income tax withholdings from wages or as employee contributions under the US Federal Insurance Contributions Act or make employer contributions thereunder with respect thereto. Consultant shall be solely responsible for failure the reporting, estimation and payment of payments when due all taxes, fees and other contributions on or attributable to the fees and business expense reimbursements paid hereunder. Consultant hereby fully indemnifies the Company against all such taxes and fees and any penalties or interest thereon. Attached as Attachment A is a Notice and Verification of Independent Contractor Status. 2.9 It is understood and agreed by Consultant that this Agreement is not intended to and does not create the relationship of employer and employee between the Company and Consultant. Consultant is an independent contractor with the responsibility for, and control over, the details and means of performing the Consulting Services. Nothing contained in this Agreement shall be construed as constituting Consultant as an agent, representative or employee of the Company, and Consultant shall not represent to the contrary to any person, unless expressly authorized by the Company’s authorized agent. Consultant agrees and acknowledges that he shall not be entitled to any benefits, perquisites or compensation afforded to employees of the Company or any other breach of this Agreement. CONSULTANT shall not have any liability whatsoever to the CLIENT for any costs or damages as a result of such suspension. If CONSULTANT resumes services after payment by CLIENT, the time schedule and compensation shall be equitably adjusted to compensate for the period of suspension plus any other reasonable time and expense necessary for CONSULTANT to resume performance. If an invoice remains unpaid for more than 90 days, CONSULTANT shall have the right, but not the obligation, to initiate collection procedures. If the CLIENT fails to make payment when due and CONSULTANT incurs any costs in order to collect sums from the CLIENT, the CLIENT agrees that all such collection costs incurred shall immediately become due and payable to CONSULTANT. This obligation of CLIENT to pay CONSULTANT’S collection costs shall survive the term of this Agreement or any termination by either party. 3.3 The type of fee will be specified on page one of this Agreement and shall conform to one partner of the following methods Company, even if it is subsequently held or determined that Consultant is an employee of payment: Method 1 - HOURLY RATES. CLIENT shall pay CONSULTANT at the hourly rates specified on page one of this Agreement or in attachments hereto, for all services rendered by commissioning authorities, engineers, planners, principals, scientists, surveyors, and employees engaged on the project, plus Company rather than an amount equal to CONSULTANT'S actual reimbursable costs related to the project times a factor to be specified on page one of this Agreement. The Standard Hourly Rates and Reimbursable Expenses Schedule will be adjusted annually to reflect equitable changes in the compensation payable to the CONSULTANT. Method 2 - LUMP SUM. CLIENT shall pay CONSULTANT a lump sum fee for all services furnished by commissioning authorities, engineers, planners, principals, scientists, surveyors, and employees engaged on this project as necessary to complete the basic services described herein. Statements will be submitted based on CONSULTANT’S estimate of work completed during each billing periodindependent contractor.