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Section 7.1.1 herein. In the event that the Town fails to appropriate sufficient funds to cover the <br />compensation which may become due for the fiscal year beginning January 1, 2010 then, and in that <br />event, this Agreement shall immediately terminate as of December 31, 2009, without further action of any <br />party. The Town shall provide notice to Design-Builder prior to December 31, 2009, as to whether an <br />appropriation has been made for further work anticipated following December 31, 2009. <br />11.1.2 The Town shall be prohibited from issuing any change order or other form of order or directive <br />requiring additional compensable work to be performed, which work causes the aggregate amount <br />payable under this Agreement to exceed the amount appropriated for the original Agreement, unless <br />Design-Builder is given written assurance by the Town that lawful appropriations to cover the cost of the <br />additional work have been made or unless such work is covered under a remedy-granting provision in this <br />Agreement. <br />In executing this Agreement, Owner and Design-Builder each individually represents that it has the necessary <br />-financial resources to fulfill its obligations under this Agreement, and each has the necessary corporate <br />approvals to execute this Agreement, and perform the services described herein. <br />Page 8 DBIA Document No. 525 • Standard Form of Agreement <br />Between Owner and Design-Builder- Lump Sum <br />0 1998 Design-Build Institute of America