No. 2687 approving/authorizing the execution of an addendum to the Master Agency Agreement (Trade Drive Project)

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10. Progress Re orts The ENGINEER shall submit a monthly Progress Report to the OWNER. 11. Chan es in the Work In the event the OWNER requires changes in the work, after the work has progressed as directed by the OWNER, adjustments in compensation to the ENGINEER, and in time for performance of the work as modified, shall be determined by the OWNER in consultation with ENGINEER and the ENGINEER shall not commence the change of scope of the work until a supplemental agreement is executed within ninety (90) days of the change and the ENGINEER is authorized in writing by the OWNER. 12. Termination The obligation to provide further services under this Agreement may be terminated by either party upon thirty (30) days' written notice from receipt in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. If the services of this Agreement are terminated, the ENGINEER shall deliver to the OWNER all data, reports, drawings, specifications and estimates completed or partially completed and these shall become the property of the OWNER, provided the ENGINEER has been paid for work performed as defined in the remainder of this paragraph. The earned value of the work performed shall be based upon an estimate of the portions of the total services as have been rendered by the ENGINEER to the date of termination and which estimate shall be as made by the OWNER in consultation with ENGINEER for all services to be paid for on a lump sum basis. 13. Non - Discrimination Pursuant to I.C. 22- 9 -1 -10, the ENGINEER and his subcontractors, if any, shall not discriminate against any employee or applicant for employment, to be employed in the performance of the work under this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related tc employment, because of race, color, religion, sex, handicap, national origin or ancestry. Breach of this covenant may be regarded as a material breach of the Agreement. 14. Limitation of Liability No employee of the ENGINEER shall have individual liability to OWNER. OWNER agrees that, to the fullest extent permitted by law, ENGINEER's total liability to OWNER for any injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to the Project or this Agreement from any causes including, but not limited to, ENGINEER's negligence, error, omissions, strict liability, or Breach of contract shall not exceed the total compensation received by the ENGINEER under this Agreement. If OWNER desires a limit of liability greater than provided above, OWNER Page 5 of 8