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<br />" <br /> <br />. <br /> <br />. <br /> <br />provided, however, that total compensation payable by the City to <br /> <br />Consultant under this Agreement shall not exceed $298,322; and <br /> <br />provide further that not more than eighty-five percent (85%) of the <br /> <br />aforesaid <br /> <br />amount <br /> <br />shall <br /> <br />be <br /> <br />paid <br /> <br />to <br /> <br />Consultant <br /> <br />prior <br /> <br />to <br /> <br />the <br /> <br />completion of all of Consultant's services under this Agreement. <br /> <br />Consultant shall submit monthly invoices each accompanied by <br />a detailed statement of services performed during the period for <br /> <br />which payment is requested. <br /> <br />Payment by the city shall be made <br /> <br />within thirty (30) days following receipt of a proper invoice. <br />Notwithstanding the foregoing, payment need not be made for <br /> <br />work which fails to meet the standard of performance specified in <br /> <br />section 3. <br /> <br />7. <br /> <br />INDEMNIFICATION <br /> <br />Consultant agrees to indemnify and hold harmless the City and <br /> <br />its officers and employees, from and against any and all loss or <br /> <br />damage, and from any and all suits, actions and claims filed or <br /> <br />brought by any person or persons, but only to the extent they arise <br />out of the negligent acts or omissions of Consultant or of its <br /> <br />subcontractors or of the officers, agents, employees of Consultant <br /> <br />or of its subcontractors in the performance of this Agreement. <br /> <br />8. <br /> <br />INSURANCE <br /> <br />with respect to performance of work under this agreement, <br /> <br />Consultant shall maintain and shall require its subcontractors, if <br /> <br />any, to maintain insurance as described below: <br /> <br />(1) <br /> <br />Workers' compensation insurance with statutory limits, <br /> <br />and employer's liability insurance with limits of not <br /> <br />4 <br />