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Mr. Mike Fulford <br />Landscape Architectural Services for West Las Positas Boulevard Median Landscaping <br />November 1, 2006 <br />5. TERMINATION <br />A. This agreement may be terminated by either party upon ten (10) days written notice to <br />the other party in the event of a substantial failure of performance by such other party, or <br />if the Client should abandon or indefinitely postpone the project. <br />B. In the event of such termination, the Client shall pay the Landscape Architect as full <br />payment for all services performed and all expenses incurred under this agreement as <br />the services actually rendered hereunder by the Landscape Architect bear to the total <br />services necessary for the full performance of this agreement, plus any sums due to the <br />Landscape Architect for additional services. <br />6. GENERAL <br />A. Should litigation or arbitration occur between the two parties relating to the provisions of <br />this agreement, all litigation or arbitration expenses, collection expenses, witness fees, <br />court costs and attorney's fees shall be paid by the non-prevailing party to the prevailing <br />party. <br />B. Should the Client fail to make payments to the Landscape Architect when due, Client <br />agrees to pay monthly service charges equal to 1.5 percent per month (18 percent per <br />annum) of the outstanding balance principal due as liquidated damages. <br />C. Specifically omitted from this agreement are all design and construction observation <br />services relating to the construction contractor's safety precautions or to means, <br />methods, techniques, sequence, or procedures required for the contractor to perform his <br />work but not relating to the final or completed project. <br />D. The Client agrees not to make any changes to the drawings or specifications prepared by <br />Tanaka Design Group without the prior written consent of Tanaka Design Group. <br />REGULATIONS <br />Landscape Architects are regulated by the California Board of Landscape Architects. Any <br />questions concerning a Landscape Architect may be referred to the Board at: Board of <br />Landscape Architects, 1021 O Street, Room A 151, Sacramento, CA 95814, ph: (916) 445-4954. <br />We trust the forgoing defines the extent of our work and meets with your approval. Please contact me if <br />you require additional clarification regarding this proposal. <br />Sincerely, <br />Robert T. Tanaka <br />Principal <br />Tanaka Design Group <br />California License No. 3199 <br />Exp. Date: 12/31/06 <br />Page 4 <br />