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(90) days prior to the expiration of the agreement as to its intent to renew the agreement. The agreement may be terminated by either party with at least a ninety (90) calendar day notice of intent to terminate. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.13, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, excerpted below: 1. Crushing of materials already on site (screening, sorting and segregating) $8.67 per ton based on belt scales and Crushing of new materials accepted while Contractor is on site (including spotting services) 2. Site Work for Yard Waste Facility (delivery, put-down and grading. Excludes $7.25/ton seeding or sodding) B. For all Work appropriately completed and invoiced. C. SWDD and Contractor agree that, after the initial crushing and site work is complete, a minimum of 12,500 tons of uncrushed concrete stockpile will be required to remobilize to the IRC Landfill without incurring added mobilization costs. 4.02 Rate Adjustment A. All unit prices shall remain the same through the first year of the agreement. B. Contractor may request an annual rate adjustment. Such request must be submitted in writing to SWDD no later than June 1 of the year in which Contractor would like the rate adjustment to go into effect. Such rate adjustments are subject to approval by the County Administrator or his designee. If approved, the rate adjustment would become effective October 1 of that year. C. If a rate adjustment is requested, the calculation shall be made as specified in Exhibit A and shall not exceed three percent (3%). ARTICLE 5 - PAYMENT PROCEDURES Owner shall make monthly payments as invoiced. Upon a determination of satisfactory completion, the SWDD Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the SWDD in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. Page 2 of 9