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DocuSign Envelope ID: 82158881-60FD-45C8-BE22-FDB75EADD943 <br />City of San Marcos shall pay Contractor, or as directed, to WorkQuest, formerly known as TIBH <br />Industries, Inc., as the assignee and servicing agent of Contractor's interest in the payment under this <br />contract. Such payment shall be for goods and services received, shall be made upon receipt of a proper <br />invoice or voucher prepared by Contractor's Assigned Sheltered Work Center or WorkQuest, formerly <br />known as TIBH Industries, Inc., and shall be made within thirty (30) days from receipt of such proper <br />invoice or voucher. <br />Payment by City of San Marcos to Contractor, or WorkQuest, formerly known as TIBH Industries, <br />Inc., as its assignee, shall be based upon bills presented monthly, with billing based upon the actual <br />performance of the specified work by location. <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 City of San Marcos giving written notice to Contractor and WorkQuest, formerly known as <br />TIBH Industries, Inc. as a consequence of failure by Contractor to satisfactorily perform the <br />services and obligations set forth in this Agreement, with proper allowances being made for <br />circumstances beyond the control of Contractor; or <br />3. By either party upon thirty (30) calendar days written notice to the other. <br />Violation or breach of contract terms by Contractor shall be grounds for termination of the <br />Agreement, and any increased costs arising from Contractor's default, breach of contract, or violation of <br />terms shall be paid by Contractor. This Agreement shall not be considered as specifying the exclusive <br />remedy for any default, but all remedies existing at law and in equity may be availed of by either party and <br />shall be cumulative. <br />Page 45 of 49 <br />