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Mysid Shrimp Chronic $1700 <br /> Topsmelt Chronic Test $1600 <br /> DMRQA $200 <br /> Test prices listed are 2018 prices and may be adjusted annually by mutual agreement. <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 the City. <br /> If approval for reimbursement is not obtained from the City prior to Service Provider's incurring the <br /> expense, Service Provider acknowledges that the City retains the option not to reimburse Service <br /> Provider. Eligible expenses shall not exceed(This provision does not apply. Testing is on a per test <br /> basis at set rates,therefore there are no "Eligible Expenses"). <br /> D. Total compensation, including all services and expenses, shall not exceed a maximum of$30,000. <br /> E. If Service Provider fails or refuses to accept direction or carry out the reasonable directions of the <br /> City in performance of its work,the City may, in addition to any other remedy,withhold from any <br /> payment otherwise due an amount that the City in good faith believes is equal to the cost to the City of <br /> correcting,re-procuring,or remedying any damage caused by Service 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. Notices under this Section 7 shall be sent by the United States Mail to Service Provider's <br /> address provided herein,postage prepaid, certified or registered mail,return receipt requested, or by <br /> delivery. In addition,Notices may also be sent by any other method reasonably believed to provide <br /> Service Provider actual notice in a timely manner, such as fax. The City does not by this Section 7 waive, <br /> release, or forego any legal remedy for any violation,breach, or non-performance of any of the provision <br /> of this Agreement. At its sole option,City may deduct from the final payment due Service Provider(a) <br /> any damages,expenses or costs arising out of any such violations, breaches, or non-performance and(b) <br /> any other backcharges or credits. The City shall not pay Service Provider for any expenses incurred or <br /> work done following the effective date of termination unless authorized in writing by the City before the <br /> expenses are incurred or the work is done. <br /> 6. Changes. The City may, from time to time, unilaterally decrease the scope of the services of <br /> Service Provider to be performed hereunder. Such decrease in the scope of work(and resulting decrease <br /> in compensation), shall: (a)be made only in writing and signed by an authorized City representative,(b) <br /> be explicitly identified as such and(c) become a part of this Agreement. <br /> 7. Subletting/Assignment of Contracts. Service Provider shall not sublet or assign any of the Work <br /> without the express,prior written consent of the City. <br /> Page 2 <br /> (Form Approved by City Attorney's Office January 1,2010,updated November 21,2016) <br />