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Local Government Prompt Payment Act 2005 , Section 218 . 70 , Florida <br /> accordance with the p ym ( ) i <br /> Statutes, et seq . <br /> 3 . 05 Cost of Living Adjustment. The compensation paid to TCF pursuant to <br /> paragraphs 3 . 01 and 3 . 03 shall be adjusted annually during the term (as described in paragraph <br /> 4 . 01 ) based upon increases in the national Consumer Price Index—All Consumers (the "CPI") at <br /> the anniversary compared the CPI at time of the execution of this Agreement. TCF hall, upon <br /> each anniversary, compute the adjustment and notify the County in writing . <br /> ARTICLE IV <br /> TERM <br /> 4 . 01 Term. Unless otherwise terminated in accordance with its provisions'p this <br /> Agreement will remain in full force and effect for a period of three years from the date hereof. <br /> However, nothing shall preclude the County and TCF from extending the term of th� s Agreement <br /> by mutual consent, for one year periods, based on the County' s needs in completioln . of the <br /> Program. At the end of the three year initial term, and each year thereafter, the Cowity will <br /> notify TCF of its desire, if any, to extend this Agreement for an additional year by written notice <br /> to TCF at least ninety (90) days prior to the end of the applicable term. -TCF will then respond to <br /> the County within thirty (30) days after receipt of such notice . Each extension will lie in writing . <br /> . ARTICLE V <br /> TERMINATION <br /> 5 . 01 Termination. Either party to this Agreement shall have the right to terminate it in <br /> the event of a material default of any of its provisions and failure to cure such defau t to the <br /> satisfaction of the aggrieved party within thirty (30) days after notice describing the Idefault in <br /> detail. In the event of such termination, neither party shall be liable for damages or osts if the <br /> failure to perform arises out of causes beyond the control and without the fault or negligence of <br /> the party in default. Any notice of default, which is later found to be materially incorrect, to the <br /> extent that a default did not actually occur, will be null and void. <br /> 5 . 02 In the event either the County or TCF is unable to proceed with this Algreement, <br /> due to matters of public convenience or any other circumstances that either party de ermines <br /> impairs or interferes with the performance of its duties and obligations under this Agreement, <br /> that party may terminate the Agreement by written notice to the other party at least thirty (30) <br /> days prior to the effective date of such termination. If the County terminates the Agreement, <br /> TCF shall be entitled to receive, and the County shall pay to TCF, the preacquisitior, fees <br /> described in paragraph 3 . 01 , the negotiation fees described in paragraph 3 . 02 , and the conceptual <br /> stewardship/management plan fees described in paragraph 3 . 03 for any parcel for which it <br /> negotiated pursuant to paragraphs 1 . 029 1 . 03 , and 1 . 10 prior to the termination and tb which it <br /> would otherwise have been entitled had the termination not occurred, notwithstanding the fact <br /> that the closing occurs after the termination. TCF shall also be entitled to any reimbursement for <br /> direct expenses paid by TCF pursuant to paragraph 1 . 02 . In any case, the party terminating the <br /> 7 <br />