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<br />} <br /> <br />,I <br /> <br />. <br /> <br />. <br /> <br />The Contractor will submit monthly billings on a tirne-and-materials <br />basis, using the Rate Schedule shown in Paragraph 6 below. 90% of the <br />calculated value of any work completed and billed shall be paid during the term <br />of this contract. The withheld percentage of the contract price of any such <br />work shall be retained until the contract is completed satisfactorily and finally <br />accepted by the District. If the District finds that satisfactory progress is being <br />made in all phases of the contract, it may, upon written request by the <br />Contractor, authorize payment from the withheld percentage. Before such <br />payment is made, the District, following consultation with the Sponsors <br />Committee, shall determine that satisfactory and substantial reasons exist for <br />the payment. <br /> <br />The Contractor shall accompany its invoice for final payment with a <br />letter certifying that it has no further claim for compensation or reimbursement <br />due it pursuant to the terms of this contract. <br /> <br />3. Indemnification. The Contractor shall indemnify and hold harmless the <br />District and other Sponsoring Agencies from acts of negligence or intentional <br />misconduct by the Contractor or his agents, arising from the work under this <br />contract, where such acts of negligence or intentional misconduct are <br />reasonably within the direct control of the Contractor or his agents. Any <br />assumptions, analyses, judgments or decisions which are made by or at the <br />direction of the District are not within the direct control of the Contractor or <br />its agents and are not to be considered negligent acts under this paragraph. <br /> <br />4. Discrimination. The Contractor shall not discriminate against any person <br />because of age, sex, race, national origin or religion. <br /> <br />5. Drul!:-free workplace. The Contractor shall comply with the Federal <br />Drug-Free Workplace Act of 1988. <br /> <br />6. Partial Completion. In the event that this contract is terminated by <br />either party pursuant to Paragraph 14 below, prior to the completion of the <br />study tasks, analyses and products specified in Attachment "2", Scope of <br />Services, the Contractor shall be entitled to compensation for only such study <br />tasks, analyses and products as were satisfactorily completed by it, and only in <br />an amount which does not exceed the budget for such tasks. In calculating the <br />compensation due the Contractor in such circumstances, personal service <br />expenses shall be calculated at the following rates: <br /> <br />3 <br />