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Page 19 of 27 <br />(2)Consultant must submit Consultant’s final invoice for payment within sixty (60) <br />days of the end date. The Diversion Authority will not pay any Consultant invoice <br />received after this period. <br />(3)Consultant will be released from performing services, except for services in any <br />non-terminated portion of the Agreement. <br />H.All rights and duties with respect to services performed prior to the expiration or <br />termination of this Agreement, and continuing obligations specified in this Agreement to <br />be performed following expiration or termination of this Agreement, will survive the <br />expiration or termination of this Agreement. <br />I.In the event of termination, expiration, or removal/withdrawal, Consultant must <br />terminate its services as soon as it is reasonably possible to do so without (1) prejudice <br />to the Diversion Authority’s interests (or the interest of any person represented on the <br />Diversion Authority’s behalf) or (2) violation of Consultant’s statutory or ethical duties. <br />Consultant must notify the Diversion Authority of any further services, prior to <br />withdrawal or substitution, which Consultant believes are necessary to avoid prejudice to <br />the Diversion Authority’s interests (or the interest of any person represented on the <br />Diversion Authority’s behalf), and obtain the Diversion Authority’s consent prior to <br />performing such services. <br />37.ADDITIONAL PAYMENT. Nothing contained in this Agreement shall obligate the <br />Diversion Authority to make any payment for services rendered in any period after the <br />termination of Consultant’s retention by the Diversion Authority. <br />38.SUSPENSION, DELAY, OR INTERRUPTION OF WORK. The Diversion Authority may <br />suspend, delay, or interrupt the Services of Consultant for the convenience of the Diversion <br />Authority. In such event, Consultant’s contract price and schedule shall be equitably <br />adjusted. <br />39.NOTICE. Any notice or election required or permitted to be given or served by any party to <br />this Agreement upon any other will be deemed given or served in accordance with the <br />provisions of this Agreement if said notice or election is (1) delivered personally, or (2) <br />mailed by United States certified mail, return receipt requested, postage prepaid and in any <br />case properly addressed as follows: <br />If to Consultant: Attn: _______________ <br />Braun Intertec Corporation <br />526 10th Street NE, Suite 300 <br />West Fargo, ND 58078 <br />If to Diversion Authority: Attn: Chair <br />Metro Flood Diversion Authority <br />P.O. Box 2806 <br />Fargo, ND 58108-2806 DRAFT