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3. TIME OF PERFORMANCE <br />3.1 Time is of the essence in the performance of Services under this Agreement <br />and Consultant shall perform the Services in accordance with the schedule included in <br />Exhibit A. In the absence of a specific schedule, the Services shall be performed to <br />completion in a diligent and timely manner. The failure by Consultant to strictly adhere to <br />the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely <br />manner may result in termination of this Agreement by City. <br />3.2 Notwithstanding the foregoing, Consultant shall not be responsible for <br />delays due to causes beyond Consultant's reasonable control. However, in the case of <br />any such delay in the Services to be provided for the Project, each party hereby agrees <br />to provide notice within two (2) calendar days of the occurrence causing the delay to the <br />other party so that all delays can be addressed. <br />3.3 Consultant shall submit all requests for extensions of time for performance <br />in writing to the Project Administrator as defined herein not later than ten (10) calendar <br />days after the start of the condition that purportedly causes a delay. The Project <br />Administrator shall review all such requests and may grant reasonable time extensions <br />for unforeseeable delays that are beyond Consultant's control. <br />3.4 For all time periods not specifically set forth herein, Consultant shall <br />respond in the most expedient and appropriate manner under the circumstances, by <br />hand -delivery or mail. <br />4. COMPENSATION TO CONSULTANT <br />4.1 City shall pay Consultant for the Services on a fixed fee basis in accordance <br />with the provisions of this Section and the Schedule of Billing Rates attached hereto as <br />Exhibit B and incorporated herein by reference. Consultant's compensation for all Work <br />performed in accordance with this Agreement, including all reimbursable items and <br />subconsultant fees, shall not exceed One Hundred Twenty Thousand Dollars and <br />00/100 ($120,000.00), without prior written authorization from City. No billing rate <br />changes shall be made during the term of this Agreement without the prior written <br />approval of City. <br />4.2 Consultant shall submit monthly invoices to City describing the Work <br />performed the preceding month. City shall pay Consultant no later than thirty (30) <br />calendar days after approval of the monthly invoice by City staff. <br />4.3 City shall reimburse Consultant only for those costs or expenses specifically <br />identified in Exhibit B to this Agreement or specifically approved in writing in advance by <br />City. <br />4.4 Consultant shall not receive any compensation for Extra Work performed <br />without the prior written authorization of City. As used herein, "Extra Work" means any <br />Work that is determined by City to be necessary for the proper completion of the Project, <br />but which is not included within the Scope of Services and which the parties did not <br />Schmitz & Associates Page 2 <br />16-7 <br />