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4. Schedule. Consultant will adhere to the schedule set forth in Exhibit "A", <br /> provided , that City in its discretion may grant reasonable extensions of time for the <br /> performance of such services occasioned by unusually lengthy governmental reviews of <br /> Consultant's work product or other unavoidable delays occasioned by circumstances; <br /> provided , further, that such unavoidable delay will not include strikes, lockouts, work <br /> stoppages, or other labor disturbances conducted by, or on behalf of, Consultant's <br /> officers or employees. <br /> Consultant acknowledges the importance to City of City's project schedule and agrees <br /> to use its best professional efforts to meet the schedule. City understands that <br /> Consultant's performance must be governed by sound practices. <br /> 5. Time is of the Essence. Time is of the essence for each and every provision of <br /> this Agreement. <br /> 6. Compensation . Consultant will be compensated for performance of the Services <br /> as set forth in Exhibit B, attached hereto and made a part hereof by reference. <br /> 6. 1 Payment for the Services will be remitted directly from Plan assets unless <br /> the City chooses to make payment directly to Consultant. In the event that the City <br /> chooses to make payment directly to Consultant, it shall be the responsibility of the City <br /> to remit payment directly to Consultant based upon an invoice prepared by Consultant <br /> and delivered to the City. <br /> 6. 2 Consultant shall maintain adequate records and shall permit inspection <br /> and audit by City of Consultant's charges under this Contract. Consultant shall make <br /> such records available to City during normal business hours upon reasonable notice. <br /> Nothing herein shall convert such records into public records, and they will be available <br /> only to City and any specified public agencies . Such records shall be maintained by <br /> Consultant for one ( 1 ) year following completion of the work under this Contract unless <br /> a longer period of time is required by state or federal law, in which event Consultant <br /> shall retain its records for the time required by such laws . <br /> 6. 3. The payment made to Consultant pursuant to the Agreement will be the <br /> full and complete compensation to which Consultant is entitled . City will not make any <br /> federal or state tax withholdings on behalf of Consultant or its agents, employees or <br /> subcontractors. City will not be required to pay any workers' compensation insurance or <br /> unemployment contributions on behalf of Consultant or its employees or subcontractors. <br /> Consultant agrees to reimburse City within thirty (30) days for any tax, retirement <br /> contribution , social security, overtime payment, unemployment payment or workers' <br /> compensation payment which City makes on behalf of Consultant or any agent, <br /> employee, or subcontractor of Consultant for work done under this Agreement. At the <br /> City's election , City may deduct the reimbursable amount from any balance owing to <br /> Consultant. <br /> Page 2 of 13 <br /> ATTY/AGR/2017.217/PARS — SECTION 115 TRUST AGREEMENT <br /> REV: 09-19-17 MI <br />