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<br />shall not include strikes, lockouts, work stoppages, or other labor disturbances <br /> <br />conducted by, or on behalf of, Consultant's officers or employees. <br /> <br />Consultant acknowledges the importance to City of City's Project <br /> <br />schedule and agrees to put forth its best professional efforts to perform its <br /> <br />services under this Agreement in a manner consistent with that schedule. City <br /> <br />understands, however, that Consultant's performance must be governed by <br /> <br />sound engineering practices. <br /> <br />9. <br /> <br />TERM: TERMINATION. <br /> <br />(a) The term of this Agreement shall <br /> <br />commence upon the date first hereinabove written and shall expire upon <br /> <br />completion of performance of services hereunder by Consultant. <br /> <br />(b) Notwithstanding the provisions of (a) above, either party may terminate <br /> <br />this Agreement without cause by giving written notice thereof not less than ten <br /> <br />(10) days prior to the effective date of termination, which date shall be included <br /> <br />in said notice. <br /> <br />In the event of such termination, City shall compensate <br /> <br />Consultant for services rendered, and reimburse Consultant for costs and <br /> <br />expenses incurred, to the date of termination, calculated in accordance with the <br /> <br />provisions of paragraph 2. In ascertaining the services actually rendered to the <br /> <br />date of termination, consideration shall be given both to completed work and <br /> <br />work in process of completion. Nothing herein contained shall be deemed a <br /> <br />limitation upon the right of City to terminate this Agreement for cause, or <br /> <br />otherwise to exercise such rights or pursue such remedies as may accrue to City <br /> <br />hereunder. <br /> <br />Agmt-255 <br />G :\shared\R edwood\C ounei! <br />DES:djk <br />04/26/99 <br /> <br />4 <br />