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T O <br />LU <br />Z L <br />0 39 <br />r< <br />a-�:.s� <br />} U j <br />_z 0 <br />W of K <br />Ha- <br />owom <br />LU <br />J <br />N <br />O <br />L = � J <br />0Um <br />M <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />so to Contractor without restrictions on further disclosure; or (d) must be disclosed pursuant <br />to subpoena or court order. <br />13. ADDITIONAL SERVICES. The City has the right at any time during <br />the performance of the services, without invalidating this Agreement, to order extra work <br />beyond that specified in the RFP or make changes by altering, adding to or deducting from <br />the work. No extra work may be undertaken unless a written order is first given by the City, <br />incorporating any adjustment in the Agreement Sum, or the time to perform this Agreement. <br />Any increase in compensation of ten percent (10%) or less of the Agreement Sum, or in <br />the time to perform of One Hundred Eighty (180) days or less, may be approved by the <br />City Representative. Any greater increases, taken either separately or cumulatively, must <br />be approved by the City Council. It is expressly understood by Contractor that the <br />provisions of this paragraph do not apply to services specifically set forth in the RFP or <br />reasonably contemplated in the RFP. Contractor acknowledges that it accepts the risk that <br />the services to be provided pursuant to the RFP may be more costly or time consuming <br />than Contractor anticipates and that Contractor will not be entitled to additional <br />compensation for the services set forth in the RFP. <br />14. RETENTION OF FUNDS. Contractor authorizes the City to deduct <br />from any amount payable to Contractor (whether or not arising out of this Agreement) any <br />amounts the payment of which may be in dispute or that are necessary to compensate the <br />City for any losses, costs, liabilities or damages suffered by the City, and all amounts for <br />which the City may be liable to third parties, by reason of Contractor's acts or omissions in <br />performing or failing to perform Contractor's obligations under this Agreement. In the event <br />that any claim is made by a third party, the amount or validity of which is disputed by <br />Contractor, or any indebtedness exists that appears to be the basis for a claim of lien, the <br />City may withhold from any payment due, without liability for interest because of the <br />withholding, an amount sufficient to cover the claim. The failure of the City to exercise the <br />right to deduct or to withhold will not, however, affect the obligations of Contractor to insure, <br />indemnify and protect the City as elsewhere provided in this Agreement. <br />^/ 9 <br />ARW:bL' pps\CtyL w132\WPDocs\D014\P029\00646762.docx 75�'_1 ` <br />