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<br /> . , L{oA <br /> . ARTICLE 3 <br /> PAYMENTS TO THE CONSULTANT <br /> 3.1 Payments for services shall be made to the CONSULTANT on a monthly <br /> basis, following receipt by OWNER of CONSULTANT'S invoice by the fifth <br /> (5th) day of each month for work done the previous month, in the <br /> amounts set forth in Paragraph 8.1. <br /> 3.2 PROJECT SUSPENSION OR TERMINATION If the Project is suspènded or <br /> abandoned in whole or in part for more than six (6) months, the <br /> CONSULTANT sha 11 be compensated for all services performed prior to <br /> receipt of written notice from the OWNER of such suspension or <br /> abandonment. <br /> ART! ClE 4 <br /> TERMINATION OF AGREEMENT <br /> 4.1 This Agreement may be terminated at will by the OWNER with at <br /> least fifteen (15) days prior written notice to the CONSULTANT. <br /> 4.2 In the event of termination as provided in this Article, the <br /> CONSULTANT sha 11 be compensated for all services performed to the <br /> termination date which are deemed by OWNER to be in accordance with <br /> this Agreement. Such amount shall be paid by the OWNER upon the data, <br /> reports, estimates, summaries, and such other information and materials <br /> as may have been accumulated by the CONSULTANT in performing the <br /> services included in this Agreement, whether completed or in progress. <br /> ARTICLE 5 ~ <br /> MISCELLANEOUS PROVISIONS <br /> 5.1 CONSULTANT shall provide all services under the terms of this <br /> Agreement as an independent contractor of the City of San Marcos. <br /> 5.2 The CONSULTANT hereby agrees to hold harmless, defend, and <br /> indemnify the OWNER against all claims which OWNER may at any time <br /> sustain arising from work performed hereunder including, but not <br /> limited to any negligent act or omission of the OWNER, its officers, <br /> employees, agents or assigns. <br /> , 5.3 In performing the services rèquired hereunder, the CONSULTANT <br /> ! <br /> sha 11 not discriminate against any person on the basis of race, color, <br /> religion, sex, national origin, age or physical handicap. <br /> 5.4 All references in this Agreement to any particular gender are for <br /> convenience only and sha 11 be construed and interpreted to be of the <br /> neuter gender. <br /> 5.5 Should any provision herein be deemed to be invalid by a court of <br /> competent jurisdiction, this Agreement shall be construed as not <br /> containing the provision, and all other provisions which are otherwise <br /> lawful shall remain in full force and effect, and to this end the <br /> provisions of this Agreement are declared to be severable. <br /> 5.6 All services provided pursuant to this Agreement are for the <br /> exclusive use and benefit of the OWNER. <br /> -2- <br />