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Nothing contained in this paragraph shall prevent <br /> ENGINEER shall bill OWNER monthly on account of CONSULTANT from employing such independent <br /> CONSULTANT's services and expenses and shall pay professional associates and consultants as <br /> CONSULTANT within fourteen days of the time CONSULTANT may deem appropriate to assist in the <br /> ENGINEER receives payment from OWNER on performance of services hereunder. <br /> account thereof. It is intended that payments to <br /> CONSULTANT will be made as OWNER pays Insurance <br /> ENGINEER under the Prime Agreement, and that <br /> ENGINEER shall exert reasonable and diligent efforts The following kinds and amounts of insurance shall be <br /> to collect prompt payment from OWNER. However, procured and maintained by the CONSULTANT <br /> whether or not OWNER pays ENGINEER in full, throughout the duration of This Part of the Project: <br /> ENGINEER shall pay all amounts due CONSULTANT <br /> within a reasonable time after completion of Worker's Compensation Insurance in the amounts <br /> ENGINEER's services under the Prime Agreement, required by law to provide protection for employees of <br /> If ENGINEER has received an acceptable statement the CONSULTANT in the event of job-related injuries. <br /> from CONSULTANT(as described above)for services Commercial General Liability Insurance having a <br /> or expenses and if thereafter ENGINEER fails to pay combined single limit of$1,000,000 for personal injury <br /> CONSULTANT for the services and expenses covered and property damage resulting from any one <br /> by such statement within fourteen days after receipt of occurrence, including contractual liability. <br /> payments from OWNER for such services and <br /> expenses, then after said fourteenth day, (a) the Automobile Liability Insurance having a limit of <br /> amounts covered by such statement will be increased $1,000,000 for bodily injury and property damage <br /> at the rate of 1% per month from the date, and resulting from any one accident. <br /> (b) CONSULTANT may, after giving seven days' <br /> written notice to ENGINEER, suspend services under PrefesslAnal I ErrA and-9mossiGps <br /> this Agreement until payment in full of all amounts <br /> covered by CONSULTANT's acceptable statements for <br /> services and expenses. sere raEtua�li ' <br /> GENERAL CONSIDERATIONS Umbrella Liability Insurance having a limit of <br /> $2,000,000 for personal injury and property damage <br /> All documents prepared or furnished by resulting from any one occurrence. <br /> CONSULTANT are instruments of service and <br /> CONSULTANT shall retain an ownership and property At all times during performance, the CONSULTANT <br /> interest therein. ENGINEER may make and retain shall maintain with the ENGINEER a current Certificate <br /> copies for information, reference, and use. of Insurance showing at least the insurance required <br /> and providing for thirty(30) days'written notice by the <br /> The obligation to provide further services under insurance company prior to cancellation or material <br /> this Agreement may be terminated by either party change in policy coverage. A copy of the Certificate of <br /> upon thirty days' written notice in the event of Insurance should be provided to the ENGINEER prior <br /> substantial failure by the other party to perform in to CONSULTANT's commencement of work on the <br /> accordance with the terms thereof through no fault project. <br /> of the terminating party. <br /> The CONSULTANT shall name the ENGINEER and <br /> ENGINEER and CONSULTANT each is hereby bound OWNER as additional insureds on all policies except <br /> and the partners, successors, executors, worker's compensation and professional liability. <br /> administrators and legal representatives of ENGINEER <br /> and CONSULTANT are hereby bound to the other The CONSULTANT shall also require all <br /> party to this Agreement and to the partners, subcontractors who will perform work on this project to <br /> successors, executors, administrators and legal procure and maintain insurance as specified above <br /> representatives of such other party, in respect of all during the entire period of their performance and to <br /> covenants, agreements and obligations of this furnish ENGINEER proof thereof if ENGINEER so <br /> Agreement. requests. <br /> Neither ENGINEER nor CONSULTANT shall assign, <br /> sublet or transfer any rights under or interest in this <br /> Agreement without the written consent of the other. <br /> Page 2 of 3 Pages <br /> J:100074Mashpee\Agreemenls12010 Agreement with SubstrvaMA-Mashpee 2010.doo <br />