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The Contractor shall not chargee the City for any lights that become non- <br />functional during the time of the Holiday Lighting Season, as defined in <br />RFP 21-03-01. <br />Payment shall be made after delivery, within 45 days of receipt of an <br />invoice and authorized inspection and acceptance of the goods/services <br />and pursuant to Section 218.74, Florida Statutes and other applicable law. <br />If services have been rendered in conformity with the Agreement, the <br />invoice will be sent to the Finance Department for payment. Invoices must <br />reference the contract number assigned hereto. <br />C. Final Invoice. In order for both parties herein to close their books and <br />records. the Contractor will clearlv state "final invoice" on the <br />Contractor's final/last billing to the City. This certifies that all services <br />have been properly performed and all charges and costs have been <br />invoiced to the City. Since this account will thereupon be closed, any <br />other additional charges, if not properly included on this final invoice, are <br />waived by the Contractor. <br />Contractor shall make no other charges to the City for supplies, labor, taxes, <br />licenses, permits, overhead or any other expenses or costs unless any such <br />expense or cost is incurred by Contractor after receipt of the prior written <br />approval of the City. If the City disputes any charges on the invoices, it may <br />make payment of the uncontested amounts and withhold payment on the <br />contested amounts until they are resolved by agreement with Contractor. <br />Contractor shall not pledge the City's credit or make it a guarantor of payment <br />or surety for any contract, debt, obligation, judgment, lien, or any form of <br />indebtedness. The Contractor further warrants and represents that it has no <br />obligation or indebtedness that would impair its ability to fulfill the terms of this <br />Agreement. <br />2. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, <br />all terms and conditions of the original Agreement between the parties dated August 1, 2021, as <br />amended, shall remain in full force and effect. <br />3. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions <br />contained in this Second Amendment shall prevail and be given superior effect and priority over <br />any conflicting or inconsistent terms, statements, requirements or provisions contained in any other <br />document or attachment, including but not limited to Attachment "A". <br />IN WITNESS WHEREOF, the parties have executed this Second Amendment to the <br />Agreement as of the date referenced above. <br />[SIGNATURE PAGE TO FOLLOW] <br />69 <br />