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January 1 of each year, by the amount of three percent (3%) or the change in the <br /> CPI-U(NSA)from June of the previous year to June of the current year,whichever <br /> is greater. <br /> 8.2. Lake Shore shall pay Pequot Lakes at the rate of $70.00 per staff hour for any <br /> additional services (the "additional services") provided by Pequot Lakes' <br /> employees that are authorized in writing by Lake Shore. <br /> 8.3. Lake Shore shall pay all other charges,expenses, costs and fees incurred by Pequot <br /> Lakes pursuant to this Agreement on a monthly basis, payments due within thirty <br /> (30) days of Pequot Lakes submitting an invoice to Lake Shore. <br /> 8.4. Any late payments by Lake Shore under this Agreement shall include a late <br /> payment fee of eight percent(8%) of the applicable invoiced amount. <br /> 9. MISCELLANEOUS <br /> 9.1. Voluntary and Knowing Action. The Parties,by executing this Agreement, state <br /> that they have carefully read this Agreement and understand fully the contents <br /> thereof;that in executing this Agreement they voluntarily accept all terms described <br /> in this Agreement without duress, coercion,undue influence,or otherwise,and that <br /> they intend to be legally bound thereby. <br /> 9.2. Authorized Signatures. The Parties each represent and warrant to the other that: <br /> (1) the persons signing this Agreement are authorized signatories for the entities <br /> represented;and(2)no further approvals,actions,or ratifications are needed for the <br /> full enforceability of this Agreement against it; each Party indemnifies and holds <br /> the other harmless against any breach of the foregoing representation and warranty. <br /> 9.3. Pre-Approved Expenditure Limit. Employee may expend up to $1,000.00 per <br /> occurrence on behalf of Lake Shore without Lake Shore City Council's <br /> authorization. <br /> 9.4. Sub-Contractors. Pequot Lakes shall not subcontract any of the services, which <br /> Pequot Lakes is to provide without the express written approval of Lake Shore. <br /> Pequot Lakes shall be responsible for the performance of all subcontractors and/or <br /> sub-consultants. As required by Minn. Stat. § 471.425, Pequot Lakes must pay all <br /> subcontractors, less any retainage, within ten (10) calendar days of Pequot Lake's <br /> receipt of payment from Lake Shore for undisputed services provided by the <br /> subcontractor(s) and must pay interest at the rate of one and one-half percent per <br /> month or any part of a month to the subcontractor(s)on any undisputed amount not <br /> paid on time to the subcontractor(s). <br /> 9.5. Independent Contractor. Pequot Lakes is expressly forbidden to act for Lake <br /> Shore in any other capacity or to represent itself in any manner as an agent <br /> of Lake Shore, except under the terms hereof. During the term of this <br /> 7 <br />