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this Agreement to Funder. Payment shall be made by the Funder within thirty days of a <br /> properly submitted and undisputed invoice to Funder. Should FrameWorks fail to perform its <br /> duties under the terms of this Agreement Funder may without fault or penalty withhold any <br /> payments associated with the work to be performed until such time as said work is completed. <br /> Non—waiver: Failure by County at any time to require the performance by <br /> Provider of any of the provisions hereof shall in no way waive or affect the County's <br /> right hereunder to enforce the same, nor shall any waiver by the County of any <br /> breach be held to be a waiver of any succeeding breach or a waiver of this Non- <br /> Waiver Clause. <br /> (c) Reimbursement of Expenses: FrameWorks shall be responsible for payment of <br /> all expenses incurred in the performance of the services described in Paragraph 1 <br /> above. Any additional expenses associated with this project shall be borne by <br /> FrameWorks unless FrameWorks has received written approval in advance from the <br /> Funder; in that case, such expense shall be reimbursed within 30 days of the <br /> presentation to the Funder of a detailed invoice and receipt. Any additions to the <br /> scope of work outlined above will incur additional expenses, and must be approved <br /> by both parties. <br /> 4. BREACH OF CONTRACT: <br /> Each party recognizes that the consulting services to be rendered under this Agreement by <br /> FrameWorks are special, unique and extraordinary in character. In the event of breach by either <br /> party of the terms and conditions of this Agreement,the other party shall be entitled, if it so <br /> elects,to institute and prosecute proceedings in any court of competent jurisdiction, either in <br /> law or in equity,to seek damages for any breach of this agreement, to obtain an injunction <br /> restraining any violation of this Agreement, or to enforce the specific performance of this <br /> Agreement by FrameWorks. <br /> 5. INDEPENDENT CONTRACTOR: <br /> FrameWorks shall perform consulting services pursuant to this Agreement as an independent <br /> contractor with respect to the Funder, and nothing in this Agreement shall create, or be deemed <br /> to create, any relationship of employer and employee or of master and servant between the <br /> Funder and FrameWorks. <br /> 6. ASSIGNMENT: <br /> Except as specifically set forth in this Agreement, the rights and interests of FrameWorks in this <br /> Agreement may not be sold, transferred, assigned,pledged or hypothecated. The rights and <br /> obligations of the funder hereunder shall be binding upon and run in favor of the successors and <br /> assigns of the fonder. <br /> 2 <br />