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C. Per Diem. For TASK ORDERS where the Scope of <br />Work cannot be clearly. defined, compensation sha].l be <br />provided on a Per Diem basis. The CITY shall pay the <br />CONSULTANT at the per diem rates shown in EXHIBIT "A", <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 ex- <br />penses for the duration of the calendar year. Payment <br />is to be made within 30 days after date of billing, for <br />services 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 /> E. Definitions. <br /> <br /> 1. CONSULTANT's salary costs are the amount <br /> <br /> of the direct wages and salaries of the CONSULTANT's <br /> employees working on the PROJECT, plus a percent- <br /> age of such wages or salaries to cover all taxes, <br /> <br /> <br />