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DocuSign Envelope ID: D488A4DA-6COC-4F1F-A676-98CFE932E2B5 <br /> amount refunded from the insurance company by the cancellation of the additional polices acquired by the <br /> designer for the project. <br /> ARTICLE 10 <br /> AMENDMENTS TO THE AGREEMENT <br /> 10.1 Changes in the Designer's Basic Services <br /> 10.1.1 Changes in the Basic Services and entitlement to additional compensation or a change in duration <br /> of this Agreement shall be made by a written Amendment to this Agreement executed by the Owner and <br /> the Designer.The Designer shall proceed to perform the Services required by the Amendment only after <br /> receiving a fully executed Amendment from the Owner or a written notice from the Owner directing the <br /> Designer to proceed,whichever is earlier. <br /> 10.2 Owner Changes <br /> 10.2.1 The Owner may,without invalidating this Agreement, make written changes in the Designer's Basic <br /> Services or Additional Services of this Agreement by preparing and executing a Change Order.Within seven <br /> (7) days of receipt of such a Change Order,the Designer shall notify the Owner in writing of any change <br /> contained therein that the Designer believes significantly increases or decreases the Designer's services <br /> with respect to the Project and request an adjustment in compensation with respect thereto. If the Change <br /> Order significantly increases or decreases the Designer's services,the Designer's compensation may be <br /> equitably adjusted. <br /> ARTICLE 11 <br /> TERMINATION AND SUSPENSION <br /> 11.1 Termination for Convenience of the Owner <br /> 11.1.2 This Agreement maybe terminated without cause by the Owner and for its convenience upon <br /> seven (7) days written notice to the Designer. <br /> 11.2 Other Termination <br /> 11.2.1 After seven (7) days written notice to the other party of its material breach of the Agreement,this <br /> Agreement may be terminated by the noticing party, provided that the other party has not taken all <br /> reasonable actions to remedy the breach. <br /> 11.2.2 Designer acknowledges that Owner is a governmental entity, and the validity of this Agreement is <br /> based upon the availability of public funding under the authority of its statutory mandate. In the event that <br /> public funds are unavailable and not appropriated for the performance of Owner's obligations under this <br /> Agreement,then this Agreement shall automatically expire without penalty or further cost to Owner <br /> immediately upon written notice to Designer of the unavailability and non-appropriation of public funds. It <br /> is expressly agreed that Owner shall not activate this non-appropriation provision for its convenience or to <br /> circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a fiscal <br /> crisis. <br /> 11.2.3 In the event of a change in the Owner's statutory authority, mandate and/or mandated functions, <br /> by state and/or federal legislative or regulatory action,which adversely affects Owner's authority to <br /> continue its obligations under this Agreement,then this Agreement shall automatically terminate without <br /> penalty or further cost to Owner upon written notice to Designer of such limitation or change in Owner's <br /> legal authority. <br /> 11.3 Compensation after Termination <br />