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<br /> DES:djk ' "/01/95 (023/66) <br />written notice thereof not less than ten (10 ) days prior to the <br />effective date of termination, which date shall be included ln <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 /> 9. 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 />during regular business hours at Consultant's place of business, <br />or as otherwise agreed upon by the parties. <br /> 10. HOLD HARMLESS. Consultant hereby agrees to defend, <br />indemnify and save harmless City, its Council, officers, boards, <br />commissions, agents and employees from and against any and all <br />claims, suits, actions, liability, loss, damage, expense, costs <br />(including, without limitation, costs and fees of litigation) of <br />every nature, kind and description, which may be brought against, <br />or suffered or sustained by, City, its Council, officers, boards, <br />commissions, agents, or employees to the extent caused by, or <br />alleged to have been caused by, any negligent act or omission, or <br /> 4 <br /> -... . ._>~ <br />