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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 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 engineering <br /> <br />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 in <br /> <br />said notice. In the event of such termination, City shall compensate Consultant <br /> <br />for services rendered, and reimburse Consultant for costs and expenses <br /> <br />incurred, to the date of termination, calculated in accordance with the provisions <br /> <br />of paragraph 2. In ascertaining the services actually rendered to the date of <br /> <br />termination, consideration shall be given both to completed work and work in <br /> <br />process of completion. Nothing herein contained shall be deemed a limitation <br /> <br />upon the right of City to terminate this Agreement for cause, or otherwise to <br /> <br />exercise such rights or pursue such remedies as may accrue to City hereunder. <br /> <br />10. RECORDS. Consultant shall keep and maintain accurate records of <br /> <br />all time expended and costs and expenses incurred relating to services to be <br /> <br />Agmt-416 <br />F: \Sha red\Redwood\Cou nci I <br />DES:djk <br />10/26/00 <br />11/13/00R <br /> <br />4 <br />