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To Consultant: <br /> McKenna Associates,Inc. <br /> Christopher Khorey,AICP <br /> Vice President <br /> 124 E. Fulton Street, Suite 6B <br /> Grand Rapids,MI 49503 <br /> T. VENUE. This Agreement shall be construed,interpreted,and governed by the laws of the State <br /> of Illinois. Each Party agrees that any legal action to enforce or defend with respect to this <br /> Agreement(a"Legal Action")shall be brought only in the Circuit Court of the State of Illinois in <br /> Macon County. Exclusive venue for all proceedings regarding this Agreement shall be Macon <br /> County, Illinois Each Party further accepts for itself,himself or herself and in respect of its,his or <br /> her property,generally and unconditionally,the exclusive jurisdiction of that court with respect to <br /> any Legal Action and irrevocably waives any objection, including,without limitation,any <br /> objection to the laying of venue or based on the grounds of forum non conveniens,which it,he or <br /> she may now or hereafter have to the bringing of any Legal Action in that jurisdiction and venue. <br /> SECTION V. PAYMENT <br /> A. BASIS OF BILLING. Study shall pay the Consultant for all services rendered under Exhibit A. <br /> B. PAYMENT FOR WORK COMPLETED <br /> 1. Monthly Progress Payments. Monthly progress payments may be requested by the Consultant for <br /> work satisfactorily completed and shall be made by the Study to the Consultant as soon as <br /> practicable upon submission of statements requesting payment by the Consultant to the Study. <br /> Each statement shall be accompanied by an Invoice Data Sheet as shown in Exhibit I. If the <br /> Consultant prefers,the Invoice Data sheet may serve as the Consultant's invoice. <br /> 2. Monthly Progress Reports. The Consultant shall prepare a monthly progress report indicating the <br /> amount of work completed based on the approved scope of work and any approved addendums. <br /> The Consultant shall also prepare a progress chart showing the upper limit of compensation <br /> approved by the contract,the planned time of completion,the estimated completion to date,the <br /> percentage of the approved contract amount earned,the percentage of elapsed time, and the <br /> currently forecasted amount of work required to complete the project. The Consultant may use an <br /> electronic spreadsheet template prepared by the Study's Representative to prepare the progress <br /> chart. <br /> 3 Maximum Payment Requests.No payment request made pursuant to subparagraph 1 of this <br /> Section V shall exceed the estimated maximum total amount and value of the total work and <br /> services to be performed by the Consultant under this Agreement for that phase or additional <br /> service without the prior authorization of the Study's Representative. These estimates have been <br /> prepared by the Consultant and supplemented or accompanied by such supporting data as may be <br /> required by the Study's Representative. <br /> 4. Time and Manner of Payments. Upon receipt of a properly invoiced payment request,the Study <br /> shall pay the amount due less any amounts allowed to be retained or withheld by the Study under <br /> this Agreement within 60 days of receipt of the invoice. <br /> 7 <br />