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Special Conditions <br />Consultant Agreement No. C0809167 <br />Page 2 <br />arrangements for the correction thereof be made, this AGREEMENT shall, upon the <br />expiration of ten (10) days cease and terminate. In the event of such termination, the <br />DISTRICT may secure the required services from another contractor. If the cost to the <br />DISTRICT exceeds the cost of providing the service pursuant to this AGREEMENT, the <br />excess cost shall be charged to and collected from the CONSULTANT. The foregoing <br />provisions are in addition to, and not a limitation of, any other rights or remedies <br />available to the DISTRICT. Written notice by DISTRICT shall be deemed given when <br />received by the other party, or no later than three days after the day of mailing, <br />whichever is sooner. <br />Incorporate new Article 9 into Consultant Agreement No. C0809167. <br />9. Termination: DISTRICT may, at any time, with or without reason, terminate this <br />AGREEMENT and compensate CONSULTANT only for services satisfactorily rendered <br />to the date of termination. Written notice by DISTRICT shall be sufficient to stop further <br />performance of services by CONSULTANT. Notice shall be deemed given when received <br />by the CONSULTANT or no later than three days after the day of mailing, whichever is <br />sooner. DISTRICT may terminate this AGREEMENT upon written notice of intention to <br />terminate for cause. Cause shall include: (a) material violation of the AGREEMENT by <br />the CONSULTANT,• or (b) any act by CONSULTANT exposing the DISTRICT to liability <br />to others for personal injury or property damage; or (e) CONSULTANT is adjudged <br />bankrupt, CONSULTANT makes a general assignment for the beneft of creditors or a <br />receiver is appointed due to CONSULTANT'S insolvency. Written notice by DISTRICT <br />shall contain the reasons for such intention to terminate and unless within ten (70) days <br />after service of such notice the condition or violation shall cease, or satisfactory <br />arrangements for the correction thereof be made, this AGREEMENT shall, upon the <br />expiration of ten (10) days cease and terminate. <br />Delete Article 11 below from original Consultant Agreement attached. <br />17. Insurance: Pursuant to Section 10, CONSULTANT agrees to carry a commercial <br />general liability insurance and automobile liability insurance with limits of One Million <br />Dollars ($1,000,000) per occurrence combined single limit for bodily injury and property <br />damage in a form mutually acceptable to both parties to protect CONSULTANT and <br />DISTRICT against liability or claims of liability, which may arise out of the <br />AGREEMENT. In addition, CONSULTANT agrees to provide an endorsement to this <br />policy stating, "Such insurance as is afforded by this policy shall be primary, and any <br />insurance carried by DISTRICT shall be excess and noncontributory. " No later than the <br />actual start date, CONSULTANT shall provide DISTRICT with certifcates of <br />Exhibit B <br />Page 2 of 3 <br />