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<br />circumstances; provided, further, that such unavoidable delay shall not include <br /> <br />strikes, lockouts, work stoppages, or other labor disturbances conducted by, or <br /> <br />on behalf of, Consultant's officers or employees. <br /> <br />Consultant acknowledges the importance to City of City's Project schedule <br /> <br />and agrees to put forth its best professional efforts to perform its services under <br /> <br />this Agreement in a manner consistent with that schedule. City understands, <br /> <br />however, that Consultant's performance must be governed by sound <br /> <br />professional management 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 />Agmt-140 <br />DES:djk <br />G:/S h a red/Redwood/Cou ncil <br />02/23/98 <br />03/11/98R <br /> <br />4 <br />