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<br />CONTRACTUAL SERVICES <br />Page 7 of 16 <br /> <br />Consultant and the City. The City may withhold payment on any invoice in <br />the event that the Consultant is in default under any provision of this <br />Agreement or any other Agreement between the Consultant and the City <br />as of the time of processing the invoice or as of the time payment is made <br />available on the invoice. This right to withhold shall continue until such <br />time as the default has been cured, and, upon cure, the City shall have <br />the right to retain an amount equal to the damages suffered as a result of <br />the default. <br /> <br />J. It is mutually agreed and understood that the following provision shall be <br />applicable to this Agreement if the compensation, as indicated in <br />Paragraph 3A hereof, to be paid to the Consultant, whether by lump sum <br />or cost-plus-a-fixed-fee, shall exceed $60,000: <br /> <br />The Consultant hereby certifies, covenants and warrants <br />that wage rates and other factual unit costs provided the City <br />to support the compensation provided in Paragraph 3A <br />hereof are accurate, complete and current as of the date of <br />this Agreement. It is further agreed that said Agreement <br />price provided in Paragraph 3.A. hereof shall be adjusted to <br />exclude any significant sums where the City shall determine <br />the 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 2A hereof. <br /> <br />4. INDEMNITY AND INSURANCE: <br /> <br />A. To the fullest extent permitted by law, CONSULTANT shall indemnify, <br />hold harmless the CITY, its and employees, or any of them, from and <br />against all claims, damages, losses, and expenses including, but not <br />limited to, attorneys' fees and other legal costs such as those for <br />paralegal, investigative, and legal support services, and the actual cost <br />incurred for expert witness testimony, arising out of or resulting from the <br />performance of services required under this Agreement, provided that <br />same is caused in whole or part by the error, omission, negligent act, <br />conduct, or misconduct of CONSULTANT, its agents, servants, <br />employees, or Subconsultants. In accordance with Florida Statutes, <br />Section 725.06, adequate consideration has been provided to <br />CONSULTANT for this obligation, the receipt and sufficiency of which is <br />hereby specifically acknowledged. Nothing herein shall be deemed to <br />affect the rights, privileges, and immunities of the CITY as set forth in <br /> <br />\\Ch-jefferson\utIlS\Consultant Agreements\DRMP Continuing Services Agreement.doc <br />