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<br />8. DOCUMENTS. All reports and written materials prepared for and <br />transmitted to City, including written opinions regarding City's financial <br />statements and the Management Letter referred to in Exhibit "A," shall be and <br />are the property of City. Auditor may retain a copy of these materials in its files. <br /> <br />Auditor may retain as its property all other draft and preliminary reports, <br />internal memoranda, notes, research, schedules, and other materials developed <br />or used for the purpose of preparing written materials for transmittal to City <br />pursuant to this Agreement. However, City shall be entitled to access to, and <br />copies of, such draft and preliminary materials during the progress of the work or <br />at any time after its completion. <br /> <br />If any materials are lost, damaged, or destroyed before final delivery to <br />City, Auditor shall replace them at its own expense, and the Auditor hereby <br />assumes all risks and resulting liability from the loss, damage, or destruction of <br />or to such materials. <br /> <br />9. TERMINATION. Notwithstanding the provisions of paragraph 7 (Term), <br />either party may terminate this Agreement without cause effective as of the fiscal <br />year succeeding the then current fiscal year; provided, however, that the party <br />exercising such right of termination shall give written notice thereof to the other <br />party on or before January 1 of such current fiscal year. In the event of such <br />termination, City shall compensate Auditor for services rendered, and reimburse <br />Auditor for costs and expenses incurred, to the date of termination, calculated in <br />accordance with the provisions of paragraph 2. In ascertaining the services <br /> <br />actually rendered to the date of termination, consideration shall be given both to <br />completed work and work in process of completion. Nothing herein contained <br />shall be deemed a limitation upon the right of City to terminate this Agreement <br />for cause, or otherwise to exercise such rights or pursue such remedies as may <br /> <br />accrue to City hereunder. <br /> <br />Agrnt-148 <br />F/sh/sh/RC/Council <br />DES:djk <br />04/15/98 <br /> <br />-4- <br /> <br />r <br /> <br />.. r' ...-- T <br />