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2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 alter CONTRACTOR's Statement of Work. Without further Board action, DIRECTOR may execute amendments to this Agreement modifying CONTRACTOR's services in amounts that do not collectively increase or decrease by more than 10% the price of said services under this Agreement when originally executed. Modifications in excess of 10% of the original Agreement price, and modifications that materially alter either of the parties' obligations hereunder must be approved by the COUNTY's Board of Supervisors. CONTRACTOR and DIRECTOR shall make a good faith effort to reach an agreement with respect to change orders, which affect the price of services under the Agreement. CONTRACTOR's protest or failure to agree to the amount of any adjustment to be made as a result of a change order shall be a dispute for which an appeal may be made pursuant to Section 43 of this Agreement. Notwithstanding the foregoing, the price of services under this Agreement shall not be increased except by written modification of this Agreement indicating the new services and price of this Agreement if applicable. Until the parties reach agreement, CONTRACTOR shall not be obligated to assume increased performance under the change order beyond the limitation of funds established within this Agreement. (b) CONTRACTOR may request changes in the scope of performance or services under this Agreement, by submitting a written request to DIRECTOR describing the request and its impact on CONTRACTOR's Proposal, Statement of Work and Budget Schedule. DIRECTOR will review the request and respond in writing within ten (10) business days. Requests shall be reviewed in light of all SPD program activities. DIRECTOR's decision whether to approve the request or request Board of Supervisors' approval shall be final. DIRECTOR may approve a request that meets all of the following criteria: (i) The request does not increase or decrease the total amount of the funds allocated for the individual programs affected by 10% from the amount specified in Exhibit "D" of this Agreement, when it was originally executed; (ii) It does not materially change other terms of this Agreement, and (Hi) It is supported by adequate consideration to COUNTY. Board of Supervisors' action is necessary to approve a request from CONTRACTOR that does not satisfy all of the criteria listed above. WIA COST REIMBURSEMENT CONTRACT - REV. 6-2-06 16