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<br />Ten (10) percent of each invoiced amount will be retained by the Principal Representative and provided to
<br />the Consultant within thirty (30) days of the completion of the Contract. Contract completion includes
<br />delivery of the work products specified in Exhibit" A" and acceptance of those products by the Principal
<br />Representative,
<br />
<br />The costs presented in ExWbit "n" by Task and subtask were developed for compensation and project
<br />management purposes, IT documented in the Consultant's monthly invoice, subtask costs may be reassigned
<br />within a Task by the Consultant without Principal Representative approval. Tasks costs may be reassigned
<br />to another Task if mutually agreed to in writing between the Principal Representative and Consultant.
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<br />ARTICLE 3. CONSULTANT CERTIFICATION
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<br />In accordance with Title 024-30-1404 (1), CRS" the Consultant has executed a certificate, which is
<br />attached hereto and made a part hereof by reference as Exhibit "C", stating that wage rates (Exhibit ''B'')
<br />and other factual unit costs supporting the compensation paid by the State for these professional services are
<br />accurate, complete, and current. The original contract price and any additions thereto shall be adjusted to
<br />exclude any significant sums by which the State detennines the contract price has been increased due to
<br />inaccurate, inco11lplete, or non-current wage rates and other factual unit costs, All such contract adjustments
<br />shall be made within one year following the end of this contract.
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<br />ARTICLE 4. CONTRACT EXPIRATION
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<br />Unless sooner tenninated, this Contract shall remain in effect until the work and services are completed and
<br />accepted by the Principal Representative, The Consultant agrees to perform the work for the evaluation V,
<br />described by Task in ExWbit "A" within the schedule dated November 11,2002, which documents are
<br />attached hereto and made a part hereof by reference as Exhibit "E".
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<br />The Consultant shall not be responsible for delays which are due to causes beyond the Consultant's
<br />reasonable control. The Consultant shall notify the Ptincipal Representative, in writing, of any delays due
<br />to callses beyond \he Consultant's reasonable control. The Consllltant shall attempt to resolve the adverse
<br />effects of any such delays through discussions with the Principal Representative, In the case of any such
<br />delay, the schedule set out in Exhibit "E" shall be revised if mutually agreed to in writing by the Principal
<br />Representative and Consultant.
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<br />ARTICLE 5. CONTINGENT FEE PROillBITION
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<br />In accordance with Title 024-30-1404 (4), CRS" the Consultant warrants that he has not employed or
<br />retained any company or person other than a bona fide employee working solely for him, to solicit or secllre
<br />this Contract, and that he has not paid or agreed to pay any person, company, corporation, individual or
<br />finn, other than a bona fide employee working solely for him, any fee, commission, percentage, gift, or
<br />other consideration contingent upon, or resulting from the award or the making of this Contract. For breach
<br />or violation of this warranty, the State shall have the right to tenninate this Contract without liability and, at
<br />its discretion, to deduct from the contract price, or otherwise recover \he full amount of such fee,
<br />commission, percentage, or consideration,
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<br />Page 4 of 8 Pages
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