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