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�OR10y' 3.4 In the event SPECIAL MAGISTRATE does not file reports with the Clerk within foufteen 4) thirty (30) days of the hearing, the Board, in its discretion, may elect to refuse to pay all or part of SPECIAL MAGISTRATE'S fee for those cases. ARTICLE 4: METHOD OF BILLING AND PAYMENT 4.1 SPECIAL MAGISTRATE will maintain a record of time for his/her performance under this Agreement and shall submit billings for payment of services actually rendered on a monthly basis to the Clerk of the Board for processing. Billings shall provide the nature of services performed and shall include a :summary of any amounts previously billed and credits for amounts previously paid. Special Magistrate shall spend a. reasonable amount of time on each matter, subject to review by the BOARD. It is expressly agreed that the BOARD shall not pay the Special Magistrate for more than five (S) hours' time on any matter, without the express written consent from the Clerk of the VAB. 4.2 .SPECIAL MAGISTRATE acknowledges that each billing must be reviewed and approved by the BOARD Clerk or the BOARD'S designee. Should the BOARD Clerk or the BOARD'S designee determine . that the billing is not commensurate with services performed, work accomplished or hours expended, SPECIAL MAGISTRATE shall adjust billing accordingly. However, SPECIAL MAGISTRATE shall be entitled to payment of any portion of a billing not in dispute. 4.3 The BOARD shall pay SPECIAL MAGISTRATE'S billings in accordance with Section 218.70 through 218.79, Florida Statutes, the Florida Prompt Payment Act. ARTICLE 5: STANDARDS AND CORRECTIONS . 5.1 SPECIAL MAGISTRATE shall perform or furnish to the BOARD his/her professional services in accordance. with the generally accepted standards of Special Magistrate services and in accordance with any laws, statutes, ordinances, codes, policies, rules and regulations governing Special Magistrate services hereunder. 5.2 SPECIAL MAGISTRATE shall, without additional compensation, correct and revise any errors, omissions., or other deficiencies in his/her work product, services, or materials arising from the negligent act, error or omission of SPECIAL MAGISTRATE and/or as requested by the Legal Counsel to the BOARD. The foregoing shall be construed as an independent duty to correct rather than waiver of the BOARD'S rights under any applicable statute of limitations. The review of, approval of, or payment for any of SPECIAL MAGISTRATE'S work product, services, or materials shall not be construed to operate as a waiver of any of the BOARD' S rights under this Agreement, or cause of action the BOARD may have arising out of the performance of this Agreement. ......... _ ............ _ ........ .............. ........ 4Page -26-