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performed and shall include a summary of any amounts : previously: billed and any credits for <br />amounts previously paid. <br />4.2 ' Counsel acknowledges. that each billing: must be reviewed and approved by the Clerk of <br />the Board or its designee. Should the Clerk of the Board or its designee determine that the billing <br />is not commensurate with -services performed, world accomplished or hours expended, Counsel <br />shall adjust billing accordingly.. However, Counsel. shall be entitled to payment.of any.portion of . <br />a billing not in dispute. <br />4.3 The Board shall pay Counsel's billings in accordance with Section 218.70 through <br />218.79, Florida Statues, the Local Government Prompt Payment Act. <br />ARTICLE 5: STANDARDS AND CORRECTIONS <br />5.1 Counsel shall perform or furnish to the Board his/her professional services in accordance <br />with the generally accepted standards of Counsel's services. and with any aws, statutes, <br />ordinances, codes, policies, rules and regulations governing Counsel's_ services hereunder. <br />5.2 :. Counsel shall, without additional compensation; correct and revise any errors, omissions, <br />or other deficiencies in her work product,: services,: or materials arising from the negligent act, <br />error or omission of: Counsel. The foregoing shall be construed as an independent duty o`correct <br />rather than waiver of the Board's.rights under any applicable. statute of limitations.. The review <br />of, approval of, or:payment for any of Counsel's work product, services, or materials shall not be <br />construed: to: operate as a waiver of any of the Board's rights under this Agreement. <br />ARTICLE 6: NO CONTINGENT. FEES <br />6.1 Counsel certifies that she has riot employed or retained any company or person, other <br />.than a bona fide employee working solely for 'Counsel; to solicitor securethis Agreement and <br />that she has not paid or agreed to pay any person, company, corporation; individual or firm_; other <br />than a bond.fide employee working solely for Counsel, any.fee, commission, percentage; gift or <br />:other consideration contingent upon or resulting from the award or making of this Agreement. <br />For the breach or violation of this provision, the Board shall have the right to terminate the <br />Agreement without liability at its discretion, to deduct from the..contract .price, or otherwise <br />recover, the full amount of such fee, commission, percentage, gift or consideration. <br />ARTICLE 7: NO ASSIGNMENT <br />..7.1 . This Agreement, or any interest herein; shall not be assigned, transferred or otherwise <br />encumbered, under any: circumstances by Counsel without the prior written consent of the Board. <br />Further, no portion of this Agreement may be performed by subcontractors or subconsultants <br />without written notice to and approval: of such action by the Board. <br />.ARTICLE 8: SEVERABILITY AND WAIVER <br />8.1 In the event any provision of this Agreement shall be held invalid and unenforceable, the <br />remaining provisions shall be valid and binding upon the parties. One or more waivers by either <br />3 _3_ <br />