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circumstances; provided, further, that such unavoidable delay shall not include <br />strikes, lockouts, work stoppages, or other labor disturbances conducted by, or <br />on behalf of, Consultant's officers or employees. <br /> <br /> 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. (a) The term of this Agreement shall <br />commence upon the date first hereinabove written and shall expire upon <br />completion of performance of services hereunder by Consultant. <br /> <br /> (b) Notwithstanding the provisions of (a) above, either party may terminate <br />this Agreement without cause by giving written notice thereof not less than ten <br />(10) days prior to the effective date of termination, which date shall be included in <br />said notice. In the event of such termination, City shall compensate Consultant <br />for services rendered, and reimburse Consultant for costs and expenses <br />incurred, to the date of termination, calculated in accordance with the provisions <br />of paragraph 2. In ascertaining the services actually rendered to the date of <br />termination, consideration shall be given both to completed work and work in <br />process of completion. Nothing herein contained shall be deemed a limitation <br />upon the right of City to terminate this Agreement for cause, or otherwise to <br />exercise such rights or pursue such remedies as may accrue to City hereunder. <br /> <br />Agmt-486 4 <br />F:~shared\Redwood\Council <br />FXS:djk <br />06/04/01 <br /> <br /> <br />