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CAP will be compensated for completed Services as outlined in the attached Exhibit A <br /> Scope of Services/Charges and in conformance with the prior approval received from <br /> ERMU. An Administration Fee of 12 percent of the total actual cost of the services will <br /> be paid to CAP by ERMU if the comply with all requirements of ERMU. ERMU will not <br /> be obligated to make payment without written verification of expected energy savings. <br /> At the option of ERMU, ERMU may conduct inspections of the Services prior to making <br /> payment to CAP. <br /> 3. Termination <br /> This Agreement can be terminated by either party upon thirty(30)days prior written <br /> notice. If either party chooses to terminate this Agreement, it is agreed that the CAP will <br /> received a payment for the portion of the Service(s) completed in compliance with this <br /> Agreement, as determined by ERMU. <br /> 4. Length of Agreement <br /> This Agreement shall automatically expire on December 31, 2015, or upon completion of <br /> the prior approved Services,whichever comes first. <br /> 5. Relationship of Parties <br /> CAP is an independent contractor and not an employee of ERMU and has the right and <br /> responsibility to manage and control CAP's employees, representatives and agents in the <br /> performance of the Services under this Agreement. CAP shall exercise its independent <br /> professional judgment in the performance of the Services. <br /> 6. Good Faith <br /> CAP acknowledges and agrees that it has not and will not transfer anything of value to <br /> any employee, agent or representative of ERMU where such was or is transferred with <br /> the intent and/or understanding of gaining favorable treatment with respect to this <br /> Agreement or the Services. <br /> 7. Insurance <br /> CAP shall obtain and maintain such insurance as shall protect CAP, its employees and <br /> agents from claims that may arise due to the negligence of CAP in connection with the <br /> performance of the Services. CAP waives any rights to recovery from ERMU for any <br /> injuries that CAP, CAP employees, or CAP agents may sustain while performing the <br /> Services that are the result of the negligence of CAP, CAP employees or CAP agents. <br /> CAP shall obtain and maintain Workers Compensation Insurance as required by <br /> Minnesota Workers Compensation laws. <br /> 8. Indemnification <br /> 2 <br /> 83 <br />