6. D (1) Contract with Project Impact

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K. Competitive Bidding Requirements. To the extent funds provided to Project Impact are used for construction, reconstruction, alteration, repair or renovation of a structure or improvement, Competitive Bidding Requirements shall be followed. SECTION 4. Compensation. A. Fees for Services. As compensation for services performed pursuant to this Agreement, the Commission agrees to pay the Provider a fee of Six Hundred Twenty -three Thousand Eighty -six Dollars ($623,086) for services rendered(the "Contract Amount "). B. Invoices. Commission shall pay Provider one -sixth (1/6) of the Contract amount to Provider upon approval of the Contract. Beginning with the fifth (5th) day of each month thereafter, one - twelfth (1/12) of the Contract amount shall be disbursed to Provider until the entire Contract amount is disbursed to Provider. However, the Provider shall submit an invoice for the payments outlined above to the Commission detailing the services performed under this Agreement, and shall include at a minimum, the identification of the Project task and description of the services completed consistent with Section 3(B) of the Agreement. Commission, in its sole discretion, shall evaluate whether or not the services performed by Provider justify the progress payments made pursuant to Section 4(B) of this Agreement. Upon receipt and review of the final report pursuant to Section 3(D) of the Agreement, and in the event the Commission determines services provided do not justify amounts paid to Provider, Commission shall withhold payment, and any excess amounts previously paid to Provider shall be returned to Commission. In the event of termination of this Agreement as provided in Section 6, Provider will not be entitled to any amounts remaining to be paid, and will return to Commission any amounts previously paid for which services have not been provided pursuant to terms of this Agreement. SECTION 5. Term. The Term of this Agreement shall commence on the Effective Date, and shall terminate on the earlier of the Expiration Date or Termination Date, as described at SECTION 6, below. This Agreement shall be renewable on such terms and for such period as the Parties shall agree in writing. Notwithstanding the foregoing, this Agreement is subject to annual appropriations of the Commission.. SECTION 6. Termination and Default. A. Termination. This Agreement shall expire on the earlier of: (i) the Expiration Date without notice to either party; or (ii) within twenty (20) days of an offending party's receipt of a Default Notice (as defined below) if such default or failure continues and remains uncured as discussed in Section 6(B) below through no fault of the party initiating the termination (the "Termination Date "). Gel