The Phase I and II agreement on engineering services provides for Fagen Engineering to begin work on Phases I and II of the project, as it indicates. The Owner will enter into a Phase I and II Service Service Agreement with Fagen Engineering, LLC. . Notwithstanding the above rate, no amount paid under the Phase I and Phase II Service Agreements shall be refunded to the Owner in the absence of a notice to Proceed in accordance with Section 6.2 or at the Financial Close in accordance with Section 4.3. . .