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1 ' <br /> i:. <br /> B. Service Provider shall be paid such amounts and in such manner as follows: <br /> First Quarter:$2770 for 4 days of two sessions per day. Second Quarter:$3290 for 4 days of two <br /> sessions/day. Third Quarter: $5560 for Focus Groups plus 4 days of 2 sessions/day. Fourth <br /> Quarter: $3040 for 4 days of 2 session/day. <br /> C. Service Provider may receive payment as reimbursement for Eligible Expenses actually incurred. <br /> "Eligible Expenses"means those types and amounts of expenses approved for reimbursement by <br /> the City. If approval for reimbursement is not obtained from the City prior to Service Provider's <br /> incurring the expense, Service Provider acknowledges that the City retains the option not to <br /> reimburse Service Provider. Eligible expenses shall not exceed$00.00 <br /> D. Total compensation,including all services and expenses,shall not exceed a maximum of <br /> $14,660. <br /> E. If Service Provider fails or refuses to accept direction or carry out the reasonable directions of <br /> the City in performance of its work,the City may,in addition to any other remedy,withhold <br /> from any payment otherwise due an amount that the City in good faith believes is equal to the <br /> cost to the City of correcting,re-procuring,or remedying any damage caused by Service <br /> Provider's conduct. <br /> 5. Termination of Contract. City reserves the right to terminate this Agreement at any time by <br /> sending written notice of termination to Service Provider("Notice"). The Notice shall specify a <br /> termination date("Termination Date")at least fourteen(14)days after the date the Notice is issued. The <br /> Notice shall be effective("Notice Date")upon the earlier of either actual receipt by Service Provider <br /> (whether by fax,mail,delivery or other method reasonably calculated to be received by Service Provider <br /> in a reasonably prompt manner)or three calendar days after issuance of the Notice. Upon the Notice <br /> Date,Service Provider shall immediately commence to end the Work in a reasonable and orderly manner. <br /> Unless terminated for Service Provider's material breach,Service Provider shall be paid or reimbursed <br /> for:(a)all hours worked and Eligible Expenses incurred up to the Notice Date,less all payments <br /> previously made;and(b)those hours worked and Eligible Expenses incurred after the Notice Date,but <br /> prior to the Termination Date,that were reasonably necessary to terminate the Work in an orderly <br /> manner. The Notice shall be sent by the United States Mail to Service Provider's address provided <br /> herein,postage prepaid,certified or registered mail,return receipt requested,or by delivery. In addition, <br /> the Notice may also be sent by any other method reasonably believed to provide Service Provider actual <br /> notice in a timely manner,such as fax. The City does not by this section waive,release,or forego any <br /> legal remedy for any violation,breach,or non-performance of any of the provision of this Agreement. At <br /> its sole option,City may deduct from the final payment due Service Provider(a)any damages,expenses <br /> or costs arising out of any such violations,breaches,or non-performance and(b)any other backcharges or <br /> credits. The City shall not pay Service Provider for any expenses incurred or work done following the <br /> effective date of termination unless authorized in writing by the City before the expenses are incurred or <br /> the work is done. <br /> 6. Sublettina/Assignment of Contracts. Service Provider shall not sublet or assign any of the Work <br /> without the express,prior written consent of the City. Neither party may assign this Agreement or any <br /> part thereof without the written consent of the other party. <br /> Page 2 <br /> 3 <br />