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Billing <br />21CP will submit monthly invoices for consultant time and expenses. Invoices will be <br />accompanied by supporting receipts for reimbursable expenses. ACH or direct deposit is <br />preferred. Billing terms are net 30 days. <br />Compensation <br />In exchange for the 21 CP's satisfactory performance of the Services, and subject to the terms and <br />conditions of this Agreement, the City will pay 21CP the fees stated in the Proposal (the "Contract <br />Amount") in accordance with the project budget stated in the Proposal. The City will pay the <br />Contract Amount in installments upon invoicing by 21CP as set forth in the Proposal (each a <br />"Contract Installment"). The City will not be required to pay any Contract Installment if the City <br />is not satisfied with 21CP's performance under this Agreement or any default or breach of this <br />Agreement by 21CP exists, as the City may determine in its sole discretion. The sum of all <br />Contract Installments will not exceed the Contract Amount, and 21CP will not incur or seek <br />reimbursement for any expenses in excess of the Contract Amount. <br />Representations and Warranties <br />The Consultant represents and warrants, as of the date hereof and throughout the Term of this <br />Agreement, as follows: <br />(a) The Consultant represents that it has the requisite experience to undertake and complete <br />the Services pursuant to the requirements of this Agreement and has in its employ or will hire <br />qualified and trained personnel to perform the Services required. <br />(b) The Consultant represents that it can commence the Services promptly within ten (10) <br />business days of the receipt of a notice to proceed and will complete the Services in a timely <br />manner in accordance with a mutually agreed schedule. <br />(c) The Consultant represents that it is financially stable and has adequate resources and <br />personnel to commence and complete the Services required in a timely fashion. <br />(d) The Consultant's performance of the Services described herein, and its representation <br />of the City, will not result in a conflict of interest, will not violate any laws or contractual <br />obligations with third parties. <br />2 <br />