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<br />of 2-3 inches. For those areas requiring the use of weed-eaters the performing party will strive to <br />maintain a uniform height of approximately 4 inches. In addition, the Performing Party will chip <br />all wooded material at the City's compost site and make use of the existing roll-off container <br />provided by the City. These services are to be performed in locations identified by the Receiving <br />Party. The Performing Party will perform all services in accordance with the descriptions <br />contained in this Agreement and as further detailed in Attachment A. The schedule for work <br />identified in this Agreement is tentative. Should the Receiving Party wish to modify this <br />schedule the Performing Party will adjust the schedule to meet the Receiving Party's needs. <br /> <br />ARTICLE 4. CONTRACT AMOUNT <br /> <br />The total amount to be paid by the Receiving Party to the Performing Party for services <br />under this contract will not exceed the sum of $331 ,405.00.00 in accordance with Attachment A. <br />Should the Performing Party be required to haul materials to a disposal location other than the <br />City's compost site, the City will be billed at a rate of$12.50 per cubic yard. <br /> <br />ARTICLE 5. PAYMENT FOR SERVICES <br /> <br />The Receiving Party shall pay to the Performing Party, or as directed to TmH as the <br />assignee and servicing agent of Performing Party's interest in the payment under this contract; <br />and such payment shall be for goods and services received; and such payment shall be made <br />upon receipt of a proper invoice or voucher prepared by the Performing Party's Assigned <br />Sheltered Work Center or TIBH; and such payment shall be made within thirty (30) days from <br />receipt of such proper invoice or voucher. <br /> <br />Payment by the Receiving Party to the Performing Party shall be based upon bills <br />presented monthly, with billing based upon the actual performance of the specified work by <br />location. <br /> <br />ARTICLE 6. TERMINATION <br /> <br />This Agreement may be terminated under anyone ofthe following conditions: <br /> <br />(I ) By mutual agreement and consent of both parties. <br />(2) By the Receiving Party giving written notice to the Performing Party as a <br />consequence of failure by the Performing Party to satisfactorily perform the <br />services and obligations set forth in this Agreement, with proper allowances <br />being made for circumstances beyond the control ofthe Performing Party. <br />(3) By either party upon thirty (30) days written notice to the other. <br /> <br />ARTICLE 7. REMEDIES <br /> <br />Violation or breach of contract terms by the Performing Party shall be grounds for <br />termination of the Agreement, and any increased costs arising from the Performing Party's <br /> <br />2 <br />