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<br />performance of such services occasioned by governmental reviews of Consultant's <br /> <br />work product or other unavoidable delays occasioned by circumstances; provided, <br /> <br />further, that such unavoidable delay shall not include strikes, lockouts, work stoppages, <br /> <br />or other labor disturbances conducted by, or on behalf of, Consultant's officers or <br /> <br />employees. <br /> <br />Consultant acknowledges the importance to City of City's Project schedule and <br /> <br />agrees to put forth its best professional efforts to perform its services under this <br /> <br />Agreement in a manner consistent with that schedule. City understands, however, that <br /> <br />Consultant's performance must be governed by sound professional practices. <br /> <br />9. <br /> <br />TERM; TERMINATION. (a) The term of this Agreement shall commence <br /> <br />upon the date first hereinabove written and shall expire upon completion of <br /> <br />performance of services hereunder by Consultant. <br /> <br />(b) Notwithstanding the provisions of (a) above, either party may terminate this <br /> <br />Agreement without cause by giving written notice thereof not less than ten (10) days <br /> <br />prior to the effective date of termination, which date shall be included in said notice, or <br /> <br />City may terminate this Agreement at City's sole discretion upon Consultant's <br /> <br />completion of any individual "Task" described in Exhibit "A." In the event of such <br /> <br />termination, City shall compensate Consultant for services rendered, and reimburse <br /> <br />Consultant for costs and expenses incurred, to the date of termination, calculated in <br /> <br />accordance with the provisions of paragraph 2. In ascertaining the services actually <br /> <br />rendered to the date of termination, consideration shall be given both to completed <br /> <br />F:Atty/Agr/Agr.134 <br />062503 <br /> <br />4 <br /> <br />.- i <br />