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AMENDMENT, without prior written authorization from the <br />CITY. Payment shall be made for the amount due for <br />each service rendered during the monthly billing period <br />based on salary costs expended times a multiplier, plus <br />direct expenses. Payment is to be made within 30 days <br />after date of billing. <br /> <br /> For the purpose of payment, the salary costs, mul- <br />tiplier and expenses shall be those rates typically <br />utilized by the CONSULTANT for billing purposes as de- <br />fined in Section E below. <br /> <br /> C. Per Diem. For AMENDMENTS where the Scope of <br />Work cannot be clearly defined, compensation shall be <br />provided on a Per Diem basis. The CITY shall pay the <br />CONSULTANT at the per diem rates shown in EXHIBIT "1", <br />attached hereto and incorporated by reference as if <br />fully set forth herein, plus all direct expenses. The <br />per diem rates shall be revised January 1 of each cal- <br />endar year to reflect estimated salary cost and expenses <br />for the duration of the calendar year. Payment is to <br />be made within 30 days after date of billing, for ser- <br />vices rendered during. the monthly billing period. <br /> <br /> D. Other Compensation. In the event of any le- <br />gal or other controversy requiring the services of the <br />CONSULTANT in providing expert testimony in connection <br />with the PROJECT, except for any actions brought by one <br />party to this AGREEMENT against the other, and except <br />suits or claims by third parties against the CITY aris- <br />ing out of errors or omissions of the CONSULTANT, the <br />CITY shall pay the CONSULTANT for services rendered in <br />regard to such legal or other controversy, including <br />costs of preparation for the controversy, on a basis to <br />be negotiated. <br /> <br /> <br />