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D. Payment to TKDA for services set forth In EXHIBIT A of <br />this Agreement, computed In accordance with 3A, B and C above, shall not <br />exceed $10,000 for Phase I and $1,400 for Phase II (E11,400 total) unless <br />formally changed by Supplemental Agreement for extra work or changed <br />conditions. Additionally, In the event that services are provided by TKDA <br />beyond the contract completion date as a result of circumstances beyond the <br />control of TKDA, the "not to exceed" payment figure shall be subject to an <br />upward adjustment established by Supplemental agreement pursuant to the <br />provisions of Article 4. <br />ARTICLE 4. EXTRA WORK AND SERVICES NOT INCLUDED IN THIS CONTRACT <br />If TKDA is of the opinion that any work they have been <br />directed to perform is beyond the Scope of this Agreement, or that the <br />level of effort required significantly exceeds that estimated due to <br />changed conditions and thereby constitutes extra work, they shall promptly <br />notify the OWNER of that fact. Extra work, additional compensation for <br />same, and extension of time for completion shall be covered by a <br />Supplemental Agreement entered Into by both parties prior to proceeding <br />with any extra work or related expenditures. <br />ARTICLE 5. ABANDONMENT, CHANGE OF PLAN A4D TERMINATION <br />' Either Party has the right to terminate this Agreement <br />upon seven days written notice. In addition; the OWNER may at any time, <br />reduce the scope of this Agreement. Such reduction In scope shall be set <br />forth in a written notice from the OWNER to TKDA. In the event of <br />unresolved dispute over change In scope or changed conditions, this <br />agreement may also be terminated. <br />In the event of termination, all documents finished or <br />unfinished, prepared by TKDA under this Agreement shall be made available <br />by TKDA to the OWNER pursuant to Article 6, and there shall be no further <br />obligation of the OWNER to TKDA under this Agreement, except for payment of <br />amounts due and owing for work performed and expenses Incurred to the date <br />and Time of termination, computed in accordance with Ariii,i,B 7d. <br />In the event of a reduction In scope of the Project work, <br />TKDA shall be paid for the work performed and expenses Incurred on the <br />project work thus reduced or on any completed and abandoned work, computed <br />In accordance with Article 3. Any reduction In the "not to exceed" payment <br />figure shall be established by a Supplemental Agreement entered Into by <br />both parties. <br />ARTICLE 6. DISPOSITION OF PLANS, REPORTS AND OTHER DATA <br />At the time of completion or termination of the work, TKDA <br />shall make available to the OWNER, all maps, tracings, reports, resource <br />f materials and other documents pertaining to the work or to the Project. <br />All such documents are not Intended or represented to be suitable for reuse <br />by the OWNER or others on extensions of the Project or any other project. <br />-3- <br />