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Section IV. Compensation <br />The ENGINEER shall receive payment for the work performed under this <br />Agreement as set forth in Appendix "D", attached to this Agreement, and made an <br />integral part hereof. In accordance with IC 36-1-12.5-5(d)(4), payments by the OWNER <br />are subject to annual appropriation by its fiscal body. <br />Section V. Additional Services of ENGINEER <br />If authorized in writing by OWNER, ENGINEER shall furnish or obtain from <br />others Additional Services of the types listed in Appendix "E", attached to this <br />Agreement, and made an integral part hereof. <br />Section VI. General Provisions <br />1. Work Office <br />The ENGINEER shall perform the work under this Agreement at the following <br />office: <br />DLZ Indiana, LLC <br />2211 East Jefferson Blvd. <br />South Bend, IN 46615 <br />2. Covenant Against Contingent Fees <br />The ENGINEER warrants that he has not employed or retained any company or <br />person, other than a bona fide employee working solely for the ENGINEER, to solicit or <br />secure this Agreement, and that he has not paid or agreed to pay any company or <br />person, other than a bona fide employee working solely for the ENGINEER, any fee, <br />commission, percentage, brokerage fee, gifts, or any other consideration, contingent <br />upon or resulting from the award or making of this Agreement. For breach or violation <br />of this warranty, the OWNER shall have the right to annul this Agreement without <br />liability, or, in its discretion, to deduct from the Agreement price or consideration, or <br />otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, <br />gift or contingent fee. <br />3. Subletting and Assignment of Contract <br />No portion of the work under this Agreement shall be sublet, assigned or <br />otherwise disposed of, except with the written consent of the OWNER. Consent to <br />sublet, assign or otherwise dispose of any portion of the work under this agreement <br />shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment <br />of the Agreement. A subcontractor shall not subcontract any portion of its work under <br />this Agreement. <br />Page 2 of 8 <br />