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Consultant acknowledges the importance to Agency of Agency's Project <br /> schedule and agrees to put forth its best professional efforts to perform its services <br /> under this Agreement in a manner consistent with that schedule. Agency understands, <br /> however, that Consultant's performance must be governed by sound professional <br /> consulting practices. <br /> <br /> 9. TERM; TERMINATION. <br /> <br /> (a) The term of this Agreement shall commence upon the date first hereinabove <br /> written and shall expire upon completion of performance of services hereunder by <br /> Consultant. <br /> <br /> (b) Notwithstanding the provisions of (a) above, either party may terminate this <br />Agreement without cause by giving written notice thereof not less than ten (10) days <br />prior to the effective date of termination, which date shall be included in said notice. In <br />the event of such termination, Agency shall compensate Consultant for services <br />rendered, and reimburse Consultant for costs and expenses incurred, to the date of <br />termination, calculated in accordance with the provisions of paragraph 2. In <br />ascertaining the services actually rendered to the date of termination, consideration <br />shall be given both to completed work and work in process of completion. Nothing <br />herein contained shall be deemed a limitation upon the right of Agency to terminate this <br />Agreement for cause, or otherwise to exercise such rights or pursue such remedies as <br />may accrue to Agency hereunder. <br /> <br /> 10. RECORDS. Consultant shall keep and maintain accurate records of all time <br />expended and costs and expenses incurred relating to services to be performed by <br />Consultant hereunder. Said records shall be available to Agency for review and <br /> <br />F:Atty/Agr/Agr.067 4 <br />082002 <br /> <br /> <br />