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result in a delay in the payment. The invoice payment requirements do <br />not start until a properly completed invoice is provided to the City. <br />I. The City may withhold payment on any invoice in the event that the <br />Consultant is in default under any provision of this Agreement. This right <br />to withhold shall continue until such time as the default has been cured <br />and, upon cure, the City shall have the right to retain an amount equal to <br />the damages suffered as a result of the default. <br />J. It is mutually agreed and understood that the following provision shall be <br />applicable to this Agreement if the total compensation as indicated in <br />Paragraph 4.A hereof, to be paid to the Consultant hereunder shall <br />exceed $60,000: <br />The Consultant hereby certifies, covenants and warrants that <br />wage rates and other factual unit costs provided the City to <br />support the compensation provided in Paragraph 4.A. hereof <br />are accurate, complete and current as of the date of this <br />Agreement. It is further agreed that compensation under <br />any Supplemental Agreement shall be adjusted to exclude <br />any significant sums where the City shall determine the <br />Agreement price was increased due to inaccurate, <br />incomplete or non-current wage rates and other factual unit <br />costs. All such Agreement adjustments shall be made within <br />one year following the end of the Agreement. For the <br />purpose of this Agreement, the end of the Agreement shall <br />be deemed to be the date of final billing or acceptance of the <br />work by the City, whichever is later, subject to the provisions <br />of Paragraph 2.A. hereof. <br />5. INDEMNITY AND INSURANCE: <br />A. Consultant agrees to indemnify and hold harmless the City, and its <br />ofFcers and employees, from liabilities, damages, losses, and costs, <br />including, but not limited to, reasonable attorneys' fees and specifically <br />including, but not limited to, copyright violations, provided that same is <br />caused in whole or part by the error, omission, negligent act, failure to act, <br />conduct, malfeasance, misfeasance or misconduct, to the extent caused <br />by the Consultant, its agents, servants, employees, or Subconsultants and <br />other persons employed or utilized by the Consultant in the performance <br />of the contract. <br />B . The Consultant shall have and maintain during the term of this Agreement, <br />a professional liability insurance policy or policies, or an irrevocable letter <br />of credit established pursuant to Chapter 675 and Section 337.106, <br />Florida Statutes, with a company or companies authorized to do business <br />s <br />