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employees and agents directly arising out of or resulting from the furnishing of services pursuant to the Agreement, unless directly arising out of or resulting from the negligence or willful misconduct of CLIENT its directors, officers, employees and agents. CLIENT agrees that it will give CONTRACTOR notice in writing within 30 days of any claim made or suit instituted which in any way, directly or indirectly, continently or otherwise affects or might affect the CONTRACTOR and CONTRACTOR shall have the right to participate in the defense of the same to the extent of its own interest. Compensation 5. CLIENT shall pay CONTRACTOR at the rate of $14,371 per month for the services herein agreed to be performed. The rate shall increase 3% per year for the subsequent years resulting in the following monthly rates: January 1, 2024 – December 31, 2024 $14,802.13 January 1, 2025 – December 31, 2025 $15,246.19 CONTRACTOR will send an invoice to CLIENT at the beginning of each month and CLIENT shall make payment within (30) days of the billing date. The rates for service may not change at any time in the event of an increase or decrease in the Union Wage Scale or other legislated benefits, such as Social Security or Worker’s Compensation, the monthly service charge detailed above will be the payment. (b) Extra work as requested by CLIENT will be billed at a fixed fee or on a time and material basis negotiated at time of request of extra work. Invoices for such extra work shall be payable within (30) days of invoice date. Miscellaneous Provisions 6. (a) Minnesota Law to Apply: The Agreement shall be construed under and in accordance with the laws of the State of Minnesota. (b) Parties Bound: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. In the event CLIENT issues a Purchase Order or other similar document in connection with the service to be provided in accordance with this Agreement, and is acknowledged by CONTRACTOR the terms and conditions of this Agreement shall be controlling unless mutually agreed to by both parties. (c) This Agreement may be amended absent the mutual written consent of the parties. (d) Legal Construction: In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. (e) Prior Agreements Superseded: This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter.