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Proposal for CEQA Analysis July 26, 2021 <br />Garry Avenue Business Park Page 19 <br />1. Suspension of Services: Services may be suspended in the event of the following: <br />a. A substantial failure of performance by either party. <br />b. - Any Client's payment is more than 30 calendar days past due and Consultant shall have no liability to <br />Client for delay or damage caused Client because of such suspension of services. <br />C. Before resuming services, Client shall pay Consultant all sums due prior to such suspension and expenses <br />-- incurred in the interruption and resumption of Consultant's services. Consultant's fees for the remaining <br />services and the time schedules shall be equitably adjusted. <br />d. If the Project is abandoned or suspended in whole or part for more than a cumulative ninety (90) <br />calendar days or Indefinitely postponed either party may terminate this Agreement and Consultant <br />shall be paid for all services provided. <br />e. If the Project is resumed after a delay of more than ninety (90) calendar days in the aggregate, <br />Consultant shall be entitled to additional compensation for remobilization costs and the time schedules <br />shall be equitably adjusted. <br />2. Termination: Either party may terminate this Agreement upon seven (7) working days' written notice to the <br />other party, with or without cause. Said notice shall be deemed to be effective upon delivery to the other <br />party. In the event of termination by Client, Consultant shall cease work at the time specified or if no time is <br />specified, at the end of the day on the day receipt of the notice. Consultant shall be paid in full for services <br />performed and expenses Incurred to date as reasonably agreed upon by both parties. <br />3. Third -Party Beneficiaries: Client and Consultant agree that services performed by Consultant under this <br />Agreement are solely for the benefit of Client, and are not Intended by either Client or Consultant to benefit <br />any other person or entity including, but not limited to, the Project contractor and/or any of its <br />subcontractors, Any such benefit is purely incidental and such other person shall not be deemed a third - <br />party beneficiary of this contract. <br />4. Governing Law; This Letter Agreement shall be governed in accordance with the laws of the state in which <br />the Project is located, excepting those provisions dealing with conflicts of laws. <br />