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CONTRACTOR's performance of its duties and obligations under <br />Section l. <br />SECTION 4. TERM OF AGhEEMENT <br />4.1 The term af this Agreement is from April 1, 2004 to December 31, 2004, <br />subject to the provisions of Section 9 regarding early termination. <br />SECTION 5. AMOUNT AND NETHOD OF PAYNIENT: <br />5.1 For services provided under Section 1. Basic Services, payment shall be <br />made in accordance with Exhibit B attached hereto. <br />5.2 The CONTitACTOR covenants and agrees to pay a11 persons and <br />coaporations, including employees, subcontractors, materialmen, agents, and all other <br />working in active concert with such persons or corporations, who furnish materials or <br />render services in connectian with his performance of this Agreement. <br />SECTION 6_ CHANCaES <br />6.1 The CITY may, at any time, by written order, make changes within the <br />general scope of this Agreement in the SERVICES to be performed. <br />6.2 If such changes cause an increase or decrease in the CON'TRACTOR's <br />cost of, or time required for, perPormance of services required under this Agreement, an <br />equitable adjustment shall be made, and this Agreement shall be modified in writing <br />accord'angly, subject to any requirements of the laws of the City of Narth Olmsted, Ohio. <br />6.3 CONTRACTOR shall not submit change orders, and shall not be entitled to <br />additional compensation, for additional work resulting from conflicts, errors, or <br />discrepancies, if such was discovered, or reasonably discoverable, by CONTRACTOR <br />prior to the time it entered into this Agreement. <br />SECTION 7. DISPUTES <br />7,1 Except as this Agreement otherwise provides, ali claims, counterclaims, <br />disputes and other controversies between the CITY and CONTRACTOR arising out of, <br />or relating in any manner, to this Agreement shall be decided by arbitration in Cuyahoga <br />County, Ohio, if the parties hereto mutually agree, or otherwise only in a court of <br />competent jurisdiction within Cuyahoga County, Ohio.