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<br />8. PAYMENT ADJUSTMENT <br /> <br />In the event temporary work by the DEPARTMENT'S forces or by other <br />Contractors temporarily prevent the CITY from performing the work described in <br />this Agreement, the DEPARTMENT shall deduct from the affected quarterly lump <br />sum payment(s) the acreage of the affected area and only compensate the CITY <br />for the actual work it performs. <br /> <br />The DEPARTMENT shall initiate this procedure only if the temporary work <br />described in this section is for a period of one (1) month or longer. Adjustment to <br />the CITY'S payment shall also be done as noted in Section Three (3). In the <br />event this Agreement is terminated as established by Section Nine (9) herein, no <br />payment will be prorated for the quarter in which termination occurs for the work <br />that has been completed. <br /> <br />9. TERMINATION <br /> <br />This Agreement, or part thereof, is subject to termination under anyone of the <br />following conditions: <br /> <br />9.1. In the event the DEPARTMENT exercises the option identified by Section <br />Four (4) of this Agreement. <br /> <br />9.2. As mutually agreed to by both parties. <br /> <br />9.3. In accordance with Section 287.058(1) (c), Florida Statutes, the <br />DEPARTMENT shall reserve the right to unilaterally cancel this <br />Agreement if the CITY refuses to allow public access to any or all <br />documents, papers, letters, or other materials made or received by the <br />CITY pertinent to this Agreement which are subject to provisions of <br />Chapter 119, of the Florida Statutes. <br /> <br />10. TERMS <br /> <br />10.1. The term of this Agreement shall only commence when the <br />DEPARTMENT issues the CITY the Notice to Proceed Letter. <br /> <br />10.2. In accordance with Section 287.058(1)(e), Florida Statutes, this <br />Agreement is for a term of one (1) year beginning on the date stated in <br />the Notice to Proceed. <br /> <br />10.3. In accordance with Section 287.0582, Florida Statutes, the DEPARTMENT <br />shall only appropriate the annual amount of SEVEN THOUSAND FIFTY <br />THREE DOLLARS AND TWELVE CENTS ($7,053.12) per year at the <br />beginning of each DEPARTMENT Fiscal Year (July 1). <br /> <br />10.4 This Agreement shall commence on July 1,2008, and end on June 30th,2009. <br /> <br />Contract Number: AP 581 <br />Financial Project Number: 40339317801 <br /> <br />Page 5 of 11 <br />