Compensation for Oversight Services. (a) The Department shall be compensated for all its Oversight Services under Section 10.01, Section 10.02, including Oversight Services relating to the design, inspection or permitting for the Project, any Project Enhancement pursuant to Section 12.01 or 12.02 or any Safety Compliance Orders pursuant to Section 12.04. (b) Such compensation shall be (i) in lump sum, fixed payments equal to the Department’s Initial Reimbursable Cost set forth in Part A of Exhibit E and the Department’s Annual Reimbursable Cost set forth in Part B of Exhibit E plus (ii) the Department’s Allocable Costs, together with all out-of-pocket expenses incurred, including the cost of all legal, expert witness and other support services, and awards of litigation expenses for Oversight Services not included in the Department’s Reimbursable Costs. If the costs of Oversight Services within the scope of the Department’s Reimbursable Costs exceeds the Department’s Reimbursable Costs, the Department shall bear the excess. (c) The Department shall prepare and submit to the Concessionaire the Department’s invoices reasonably documenting amounts owing to the Department for Oversight Services not within the scope of the Department’s Reimbursable Costs. The Concessionaire shall pay each invoiced amount no later than 30 days after the Department prepares and delivers an invoice reasonably documenting the amount of such Oversight Services provided.
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