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The ENGINEER shall begin the work to be performed under this Agreement <br />immediately upon receipt of the written notice to proceed from the OWNER, and shall <br />deliver the work to the OWNER in accordance with the Schedule contained in Appendix <br />"C ", attached to this Agreement, and made an integral part hereof. <br />The ENGINEER shall not begin work prior to the date of the notice to proceed <br />unless otherwise directed by the OWNER. <br />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 office: <br />DLZ Indiana, LLC <br />2211 East Jefferson Boulevard <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 />Bowen Street Right of Way Engineering, Staking and Acquisition Services Agreement <br />August 2013 <br />Page 4 of 10 <br />