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Consultant acknowledges the importance to City of City's Project schedule <br />and agrees to put forth its best professional efforts to perform its services under <br />this Agreement in a manner consistent with that schedule. City understands, <br />however, that Consultant's performance must be governed by sound engineering <br />practices. <br /> <br /> 9. TERM; TERMINATION. <br /> <br /> (a) The term of this Agreement shall commence upon the date first <br />hereinabove written and shall expire upon completion of performance of services <br />hereunder by Consultant. <br /> <br /> (b) Notwithstanding the provisions of (a) above, either party may <br />terminate this Agreement without cause by giving written notice thereof not less <br />than ten (10) days prior to the effective date of termination, which date shall be <br />included in said notice. In the event of such termination, City shall compensate <br />Consultant for services rendered, and reimburse Consultant for costs and <br />expenses incurred, to the date of termination, calculated in accordance with the <br />provisions of paragraph 2. In ascertaining the services actually rendered to the <br />date of termination, consideration shall be given both to completed work and <br />work in process of completion. Nothing herein contained shall be deemed a <br />limitation upon the right of City to terminate this Agreement for cause, or <br />otherwise to exercise such rights or pursue such remedies as may accrue to City <br />hereunder. <br /> <br />F:Atty/Agr. 060 4 <br />071802 <br /> <br /> <br />