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• . '*?, °?`? <br />. ? ? <br />Research shall negotiate the cost. <br />3.3 Method and Terms of Pa ment <br />3.3.1 Payments for Hydro Research's Services shall be <br />made monthly based upon the percentage of completion, less ten percent (10%). <br />Final payment of the ten percent withheld shall be made upon completion of <br />the installation of the storm water inlet controls, or withir, eighteen (18) <br />months after acceptance of the Physical Survey Evaluation by the City, <br />whichever is first. <br />3.3.2 If scope of the Project is changed materially, <br />compensation shall be subject to a corresponding adjustment. <br />ARTICLE 4, GENERAL PP,OVISIONS <br />4.1 _ Termination of A reement <br />4.1.1 This Agreement may be terminated by either party <br />upon thirty (30) days written notice should the other party fail substantially <br />to perform in accordance with its terms through no fault of the party <br />initiating the termination. Failure to substantially perform includes <br />payment made by the City to Hydro Research more than seventy-five (75) <br />days after date of invoice. <br />4.1.2 In the event of termination, Hydro Research <br />shall be paid compensation for services performed to termination date, <br />less ten percent (10%) <br />4•2_ Successors and Assi ns <br />The City and Hydro Research each binds themselves, their officers, <br />successors, assigns, and legal representatives to the other party to this <br />Agreement and to the officers, successors, assigns, and legal representatives <br />of such other party with respect to all covenants of this Agreement. <br />Neither the City nor Hydro Research shall assign, sublet, or transfer its <br />interest in this Agreement without the written consent of the other. Hydro <br />-4-