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<br />~ <br />, <br /> <br />. <br /> <br />. <br /> <br />.. <br /> <br />, <br /> <br />C. Additional services if required shall be paid on a time <br />and expense basis, in accordance with the provisions of <br />Section 4.A. not to exceed P'ive Thousand Fifty-One Dollars <br />($5,051). Authorization to perform additional services <br />shall be requested in writing by the Contractor and <br />approved in writing by the State, prior to the Contractor <br />performing the Additional Services <br /> <br />D. The State shall pay each invoice within thirty (30) days <br />of the date that the invoice if received by the State . <br />However, if the State objects to all or any portion of any <br />invoice, the State shall give written notice to the <br />Contractor of those objections and written reasons for <br />those objections within thirty (30) days from the date that <br />the invoice is received and pay that portion of the invoice <br />not in dispute. The State shall pay an additional charge <br />of one percent (1\) of the amount of the invoice per month <br />or the maximum percentage allowed by law, whichever is the <br />lesser, for any payment received by the Contractor more <br />than forty-five (45) days from the date that invoice is <br />received by the State. In the event that an invoice for <br />payment remains unpaid for more than forty-five (45) days <br />from receipt of the invoice, the Contractor shall have the <br />right to cease performance of the services described and <br />contracted for herein. The Contractor will not incur any <br />liability for damages of any type or nature due to the <br />delay of the project as a result of stopping performance of <br />services due to the failure of the State to pay for <br />services rendered. In the event of a legal action brought <br />by the Contractor against the State for invoice amounts not <br />paid, attorney's fees, court costs. arbitration costs and <br />other related expenses shall be paid to the prevailing <br />party by the other party. <br /> <br />3. The fixed sum specified in paragraph 2 above shall <br />cover all services performed and expenses incurred by the <br />Contractor in the course of performing the services set forth <br />in Exhibit B including. but not limited to, the professional <br />and clerical services of the Contractor; the expenses of <br />consultants and subcontractors retained by the Contractor; <br />travel, meals. lodging, and incidental travel expenses; <br />expenses for expendable materials and supplies; computer <br />charges; communications expenses; expenses for report <br />preparation and reproduction; direct and indirect overhead; and <br />the Contractor's profit. <br /> <br />4. In the event that this contract is terminated by either <br />party pursuant to paragraph 14 below prior to the completion of <br />the study tasks, analyses, and products specified in Exhibit B, <br />Scope of Services Summary, the Contractor shall be entitled to <br />compensation under the provisions of paragraph 2 for only such <br />study tasks, analyses. and products as were satisfactorily <br />completed by it up through the date of termination, as <br />determined by the CWCB. <br /> <br />Page 2 of ~ pages <br />