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SPECIAL CONDTI'IONS <br />CONSULTANT AGREEMENT NO. C0809167 <br />BETWEEN <br />CAPISTRANO UNIFIED SCHOOL DISTRICT <br />AND <br />CTI'Y OF SANTA ANA <br />Delete Article 3 below from original Consultant Agreement attached. <br />3. Compensation: DISTRICT agrees to pay the CONSULTANT for services <br />satisfactorily rendered pursuant to this AGREEMENT a total fee not to exceed amount <br />specified by DISTRICT purchase order as per attached fee schedule Exhibit A andlor <br />proposal Exhibit DISTRICT shall pay CONSULTANT after receipt of consultant <br />invoice and with approval of a District representative. <br />Incorporate new Article 3 into Consultant Agreement No. C0809167. <br />3. Compensation: DISTRICT agrees to pay CONSULTANT for services <br />satisfactorily rendered pursuant to the AGREEMENT a total fee as set forth in Exhibit A <br />and not to exceed amount specified by District purchase order. DISTRICT shall deliver <br />payment to CONSULTANT on February 25, 2009, or such other date as the parties agree <br />to reschedule the first presentation. <br />Delete Article 9 below from original Consultant Agreement attached. <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 (c) CONSULTANT is adjudged <br />bankrupt, CONSULTANT makes a general assignment for the benefit 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 (10) days <br />after service of such notice the condition or violation shall cease, or satisfactory <br />EXHIBIT B <br />Page 1 of 3 <br />