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General Conditions Richardson Smith Gardner & Associates, Inc. <br />Termination <br />This Agreement maybe terminated in whole or in part in writing by either <br />party in the event of substantial or material failure by the other party to <br />fulfill its obligations hereunder through no fault of the terminating party, <br />provided that no such termination shall be effectiveunless the other party <br />isgiven (1) not less than ten (10) days written notice of intent to terminate <br />and (II) an opportunity for consultation with the terminating party prior <br />to the effective date of such termination. In the event of termination <br />through no fault of RSG, Client shall pay RSG for Services performed <br />prior to termination date, and for necessary expenses in connection with <br />termination of the Project, including cost of completing files and reports <br />necessary to document Project stams at time of termination. <br />Litigation Support <br />If RSG personnel are called or subpoenaed for depositions, examination, <br />or court appearances in any dispute or matter arising out of the Project, <br />PSG shall be reimbursed on a time and material basis in accordance with <br />RSG's then current standard billing rates, including researching, providing <br />or copying files, records or other instruments of service, incurred in <br />connection with such matters. <br />Notices <br />All notices, and communications pertaining to this Agreement shall be to <br />RSG's designated Project Manager or to the Principal-in-Charge of the <br />RSG office performing the Services. Verbal communications shall be <br />confirmed in writing. <br />Governing Law <br />This Agreement shall be govemed by the laws in effect at the location of <br />the Project. <br />In any action arising from the performance this Agreement or any Project <br />Contract or breach thereof, the prevailing parry shall receive, in addition <br />to any other compensation awarded, its reasonable costs and attorneys' <br />fees. <br />CLIENT: LEE COUNTY, NORTH CAROLINA <br />By: <br />1 <br />ASSOCIATES, INC. <br />Title: Vice President <br />Date: July 30, 2007 <br />xTm ahV ea -NC(My 3007)1 GM Ts Swim Ap 107)0%(4-Cw ),"d RE MIIW7 <br />