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<br />Consultant. Consultant will at all times observe and comply with these laws, <br />ordinances, and regulations and will be responsible for the compliance of Consultant's <br />Services with all applicable laws, ordinances and regulations. <br /> <br />19. Discrimination and Harassment Prohibited. Consultant will comply with all <br />applicable local, state and federal laws and regulations prohibiting discrimination and <br />harassment. <br /> <br />20. Termination. In the event of the Consultant's failure to prosecute, deliver, or <br />perform the Services, City may terminate this Agreement for nonperformance by <br />notifying Consultant in writing pursuant to the notice provisions of this Agreement. If <br />City decides to abandon or indefinitely postpone the work or services contemplated by <br />this Agreement, City may terminate this Agreement upon written notice to Consultant <br />pursuant to the notice provisions of this Agreement. Termination will be effective <br />immediately upon notification. Consultant has five (5) business days to deliver any <br />documents owned by City and all work in progress to City address contained in this <br />Agreement. City will make a determination of fact based upon the work product <br />delivered to City and of the percentage of work that Consultant has performed which is <br />usable and of worth to City in having the Agreement completed. Based upon that <br />finding City will determine the final payment of the Agreement. <br /> <br />Either Party upon tendering thirty (30) days written notice to the other party may <br />terminate this Agreement. In this event and upon request of City, Consultant will <br />assemble the work product without charge and put it in order for proper filing and <br />closing and deliver it to City. Consultant will be paid for work performed to the <br />termination date; however, the total will not exceed the lump sum fee payable under this <br />Agreement. City will make the final determination as to the portions of tasks completed <br />and the compensation to be made. <br /> <br />Notwithstanding termination of this Agreement for any reason, because Consultant's <br />Services performed prior to termination may result in City's receipt of revenue after <br />termination which are subject to Consultant's fee in accordance with Exhibit A, City shall <br />remain obligated after termination to provide to Consultant such information as is <br />necessary for Consultant to calculate the compensation due as a result of this receipt of <br />revenue by City and City shall remain obligated to pay Consultant's invoices therefore in <br />accordance with the terms of this Agreement. The total compensation paid to <br />Consultant will not exceed the total fee payable under this Agreement. <br /> <br />21. Covenants Aqainst Continqent Fees. Consultant warrants that Consultant has <br />not employed or retained any company or person, other than a bona fide employee <br />working for Consultant, to solicit or secure this Agreement, and that Consultant has not <br />paid or agreed to pay any company or person, other than a bona fide employee, any <br />fee, commission, percentage, brokerage fee, gift, or any other consideration contingent <br />upon, or resulting from, the award or making of this Agreement. For breach or violation <br />of this warranty, City will have the right to annul this Agreement without liability, or, in its <br />discretion, to deduct from the Agreement price or consideration, or otherwise recover, <br /> <br />Agreement over $10K 7 <br />City Attorney Approved Version 111803 <br />