2026 7 13 Work Session PACKET Council

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kimley-horn.com 537 Market Street, Suite 202, Chattanooga, TN 37402 423 266 3501 
 
  
4. Method of Payment. Client shall pay Kimley-Horn as follows:   
a. Invoices will be submitted periodically for Services performed and expenses incurred. Payment 
of each invoice will be due within 25 days of receipt. The Client shall also pay any applicable 
sales tax. All retainers will be held by Kimley-Horn and applied against the final invoice. Interest 
will be added to accounts not paid within 25 days at the maximum rate allowed by law. If the 
Client fails to make any payment due under this or any other agreement within 30 days 
after Kimley-Horn's transmittal of its invoice, Kimley-Horn may, after giving notice to the Client, 
suspend services and withhold deliverables until all amounts due are paid.  
b. The Client will remit all payments electronically to:  
Account Name:  KIMLEY-HORN AND ASSOCIATES, INC.  
Bank Name and Address:  WELLS FARGO BANK, N.A., SAN FRANCISCO, CA 94104  
Account Number:  2073089159554  
ABA#:  121000248  
c. The Client will send the Project number, invoice number and other remittance information by 
e-mail to payments@kimley-horn.com at the time of payment.   
d. If the Client relies on payment or proceeds from a third party to pay Kimley-Horn and Client 
does not pay Kimley-Horn’s invoice within 60 days of receipt, Kimley-Horn may communicate 
directly with such third party to secure payment.  
e. If the Client objects to an invoice, it must advise Kimley-Horn in writing giving its reasons within 
14 days of receipt of the invoice or the Client’s objections will be waived, and the invoice shall 
conclusively be deemed due and owing. If the Client objects to only a portion of the invoice, 
payment for all other portions remains due.  
f. If Kimley-Horn initiates legal proceedings to collect payment, it shall recover, in addition to all 
amounts due, its reasonable attorneys' fees, reasonable experts' fees, and other expenses 
related to the proceedings. Such expenses shall include the cost, at Kimley-Horn's normal 
hourly billing rates, of the time devoted to such proceedings by its employees.  
g. The Client agrees that the payment to Kimley-Horn is not subject to any contingency or 
condition. Kimley-Horn may negotiate payment of any check tendered by the Client, even if the 
words “in full satisfaction” or words intended to have similar effect appear on the check without 
such negotiation being an accord and satisfaction of any disputed debt and without prejudicing 
any right of Kimley-Horn to collect additional amounts from the Client.  
  
5. Use of Deliverables.  All documents, data, and other deliverables prepared by Kimley-
Horn are related exclusively to the Services described in this Agreement and may be used only 
if the Client has satisfied all of its obligations under this Agreement. They are not intended or 
represented to be suitable for use or reuse by the Client or others on extensions of this Project 
or on any other project. Any modifications by the Client to any of Kimley-Horn’s deliverables, 
or any reuse of the deliverables without written authorization by Kimley-Horn will be at the 
Client's sole risk and without liability to Kimley-Horn, and the Client shall indemnify, defend and 
hold Kimley-Horn harmless from all claims, damages, losses and expenses, including but not 
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