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delay. The failure of the Consultant to give such notice shall constitute a waiver of any <br />claim under this section. <br />E. COMPENSATION <br />1. The City shall compensate the Consultant for an amount not to exceed One Hundred <br />Twenty Thousand Dollars and No Cents ($120,000.00) based on services rendered at the <br />hourly rate set forth for the Project Manager included in the Consultant's proposal <br />attached hereto as EXHIBIT "l" of this Letter Agreement. <br />2. Additional services which are outside the scope of this Agreement shall not be performed <br />by Consultant without prior written authorization from City, at City's sole discretion. <br />Additional services, when authorized, shall be effectuated through a written executed <br />amendment to this Letter Agreement and shall be compensated at the hourly rate set forth <br />in the Consultant's proposal attached hereto as EXHIBIT "1" of this Letter Agreement. <br />3. There are no Reimbursable Expenses. <br />F. BILLING AND PAYMENTS TO CONSULTANT <br />1. Billing by the Consultant shall be in accordance with the fee schedule in EXHIBIT "1" <br />of this Agreement. Payments to the Consultant shall also be in accordance with EXHIBIT <br />"F" of the Continuing Services Agreement. <br />2. REIMBURSABLE EXPENSES. There are no Reimbursable Expenses. <br />G. KEY CONSULTANT PERSONNEL <br />Chris Giordano, President <br />H. SEVERABILITY <br />If any term or provision of this Letter Agreement or its application thereof to any person or <br />circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Letter <br />Agreement or the application of such terms or provisions to persons or circumstances other <br />than those to which it is held invalid or unenforceable, shall not be affected, and every other <br />term and provision of this Letter Agreement shall be deemed valid and enforceable to the <br />extent permitted by law. <br />[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] <br />