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such proper invoice or voucher. <br /> Payment by the Receiving Party to the Performing Party. or TIBH as its assignee, will be <br /> based upon bills presented monthly, with billing based upon the actual performance of the <br /> specified work by location. <br /> ARTICLE 7. TERMINATION <br /> This Agreement may be terminated under any one of the following conditions: <br /> 1. By mutual agreement and consent of both parties. <br /> 2. By the Receiving Party giving written notice to the Performing Party and the Certifying <br /> Party as a consequence of failure by the Performing Party to satisfactorily perform the <br /> services and obligations set forth in this Agreement, with proper allowances being made <br /> for circumstances beyond the control of the Performing Party. <br /> 3. By either party upon thirty (30) days written notice to the other. <br /> ARTICLE 8. REMEDIES <br /> Violation or breach of contract terms by the Performing Party will be grounds for <br /> termination of the Agreement, and any increased costs arising from the Performing Party's <br /> default, breach of contract, or violation of terms will be paid by the Performing Party. This <br /> Agreement will not be considered as specifying the exclusive remedy for any default, but all <br /> remedies existing at law and in equity may be availed of by either party and will be cumulative. <br /> ARTICLE 9. SUBLETTING <br /> The Performing Party will not sublet or transfer any portion of its responsibilities and <br /> obligations under this Agreement unless specifically authorized to do so in writing by the <br /> Receiving Party. <br /> ARTICLE 10. SUCCESSORS AND ASSIGNS <br /> The Performing Party will not assign or otherwise transfer its rights or obligations under <br /> this Agreement except with the prior written consent of the Receiving Party. <br /> ARTICLE 11. LEGAL CONSTRUCTION <br /> In the event that any one or more of the provisions contained in this Agreement will for <br /> any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, <br /> illegality, or unenforceability will not affect any other provisions thereof and this Agreement will <br /> be construed as if such invalid, illegal, or unenforceable provision had never been contained <br /> herein. <br /> 43 <br />