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8 a. iihere the method of payment is based on "time and mate- rials", the final invoice will be based on zeirabursement for all services and expenses associated with then se: vices provided up to the e:fective date of termination. b. Wt:ere this Agreement is modified to provide that t:he method of ppayment is based on a "lump cum", the final invoice sill ba bused on a percentage of the work completed 'up to the effective date of termination. c. N1~ere this Agreement is modified to provide that the method o~E payment is based on a "cost plus a fixed fee", the final i~:voice sill be based on reiaburseaeat for all costs up to tl:e effective date of termination and a pro-rata share of ttie fixed fee. 17 . t+.. SCl:LLA*lEOIIS A) If Aetncor personnel are called or subpoenaed for depositions, exar„ir~ation or court appearances in connection with the prefes- aiona]. Services provided by Remcor in any dispute betweer. Cli- ent and say third party arising out of the 6ervices provided by Remcor, Remcor shall be zeir,.bursed on a time-and-materials basis in accordance with Aeacor's then current sate schedule for such matters. Any fee oz reimbursement which Remcor is en- titled by law to receive from any other party for depositions, examinations, or appearances in court or before: administrative agencies shall be assiyr.ed to Client. 8) Upon C'lient's execution of this Agreement yr other acceptance of it, this Agree-.ent and the terms and conditions set forth herein constitute the ertize understanding o! the parties re- lating to the provisions of Lhe Services by Remcor to the Cli- ent. All previous prcpcsals, offers, cad other communications relative to the grovisiors of these Services whether oral or written, are hereby superseded, except to the extent that they have been expsessiX inccr~orated into this Agreement. Any mod- ification or revision of any provision hereof pr any additional p:ovis,:on contained in any purchase order acknowledgment or other form of the Client is hereby expressly objected to by Remcor and shall not operate to modify this Agreement. This Agreea,~:nt shall take a°fect upon acceptance and execution by Remcor. C) In the evert either party shall be successful in any suit for daaac~e:~ for breach of this Agreement, including nonpayment of invo~ce~s, oz to enforce this Agreement or to enjoin the other party Erom violating this Agreement, such party shal.i be en- titled to rescuer as part of its damages its reasonable legal costs and expenses for bringing and maintaining any such action.