2026 7 13 Work Session PACKET Council

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July 7, 2026, Page 9 
kimley-horn.com 537 Market Street, Suite 202 Chattanooga, TN 37402 423 266 3501 
 
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 limited to attorneys' fees, resulting therefrom.  Kimley-Horn’s 
electronic files and source code remain the property of Kimley-Horn and shall be provided to 
the Client only if expressly provided for in this Agreement. Any electronic files not containing 
an electronic seal are provided only for the convenience of the Client and use of them is at 
the Client’s sole risk.  In the case of any defects in the electronic files or any discrepancies 
between them and the hardcopy of the deliverables prepared by Kimley-Horn, the hardcopy 
shall govern.    
  
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