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<br /> DES:djk 1)1/26/96 (035/68) <br /> Consultant acknowledges the importance to City of City's <br />Project schedule and agrees to put forth its best professional <br />efforts to perform its services under this agreement in a manner <br />consistent with that schedule. City understands, however, that <br />Consultant's performance must be governed by sound engineering <br />practices. <br /> 9. TERM; TERMINATION. ( a) The term of this agreement <br />shall commence upon the date first hereinabove written and shall <br />expire upon completion of performance of services hereunder by <br />Consultant. <br /> (b) Notwithstanding the provisions of ( a) above, either <br />party may terminate this agreement without cause by giving <br />written notice thereof not less than ten (10) days prior to the <br />effective date of termination, which date shall be included in <br />said notice. In the event of such termination, City shall <br />compensate Consultant for services rendered, and reimburse <br />Consultant for costs and expenses incurred, to the date of <br />termination, calculated in accordance with the provisions of <br />paragraph 2. In ascertaining the services actually rendered to <br />the date of termination, consideration shall be given both to <br />completed work and work in process of completion. Nothing herein <br />contained shall be deemed a limitation upon the right of City to <br />terminate this agreement for cause, or otherwise to exercise such <br />rights or pursue such remedies as may accrue to City hereunder. <br /> 10. RECORDS. Consultant shall keep and maintain accurate <br />records of all time expended and costs and expenses incurred <br />relating to services to be performed by Consultant hereunder. <br />Said records shall be available to City for review and copying <br /> 4 <br /> T' <br />