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(b) Notwithstanding the provisions of (a) above, either party may terminate <br />this Agreement without cause by giving written notice thereof not less than ten <br />(10) days prior to the effective date of termination, which date shall be included <br />in said notice. In the event of such termination, City shall compensate <br />Consultant for services rendered, and reimburse Consultant for costs and <br />expenses incurred, to the date of termination, calculated in accordance with the <br />provisions of paragraph 2. In ascertaining the services actually rendered to the <br />date of termination, consideration shall be given both to completed work and <br />work in process of completion. Nothing herein contained shall be deemed a <br />limitation upon the right of City to terminate this Agreement for cause, or <br />otherwise to exercise such rights or pursue such remedies as may accrue to City <br />hereunder. <br /> <br /> 10. RECORDS. Consultant shall keep and maintain accurate records of <br />all time expended and costs and expenses incurred relating to services to be <br />performed by Consultant hereunder. Said records shall be available to City for <br />review and copying during regular business hours at Consultant's place of <br />business or as otherwise agreed upon by the parties. <br /> <br /> 11. HOLD HARMLESS. Consultant hereby agrees to defend, indemnify, <br />and save harmless City, its Council, boards, commissions, officers, employees <br />and agents, from and against any and all claims, suits, actions, liability, loss, <br />damage, expense, cost (including, without limitation, costs and fees of litigation) <br />of every nature, kind, or description, which may be brought against, or suffered <br />or sustained by, City, its Council, boards, commissions, officers, employees, or <br />agents caused by, or alleged to have been caused by, the negligence, intentional <br /> <br />F:Atty2001Shared/Redwood/Council/Agmt/Agmt-517 5 <br /> <br /> <br />