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9. SCHEDULE. Time is of the essence in performance of this Agreement. <br />Developer shall complete all of the Services, subject to such exceptions and time <br />extensions allowable under Section 17 - Force Majeure, on or before December 1, <br />2003. Developer and Consultants shall perform in accordance with the schedule set <br />forth in Exhibit "A" (the "Project Schedule"); provided, that City and Agency shall grant <br />reasonable extensions of time for the performance of such services made necessary by <br />delays in governmental reviews of Developer's work product other than those related to <br />the quality of the work product, delays or other deficiencies in the Developers' work or .... <br />other unavoidable delays occasioned by circumstances entirely beyond Developer's <br />control; provided, further, that such unavoidable delay shall not include strikes, lockouts, <br />work stoppages, or other labor disturbances conducted by, or on behalf of, Developer or <br />Developer's Consultants' officers or employees. <br /> <br /> Developer acknowledges the importance to City and Agency of the Project <br />Schedule and agrees to put forth reasonable commercial efforts to perform the Services <br /> <br />in accordance with the Project Schedule. <br /> 10. TERM; TERMINATION, <br /> (a) The term of this Agreement shall commence upon the date first herein <br />above written and shall expire upon completion of performance of services hereunder <br />by Developer. <br /> <br /> (b) This Agreement may be terminated by the City and Agency for <br />convenience after seven (7) days' written notice to the Developer. <br /> <br /> (c) This Agreement may be terminated by either party hereto upon seven (7) <br />days' written notice should the other party fail substantially to perform in accordance <br />with the terms hereof through no fault-of the other or if the Project in whole or <br />substantial part is stopped for a period of sixty (60) days under an order of any court or <br />other public authority having jurisdiction or as a result of an act of government. <br /> <br /> (d) In the event of termination under (a) above, the Developer shall be paid its <br />compensation for services performed to the date of termination, services of professional <br />consultants then due and all termination expenses. Termination expenses are defined <br />as those expenses arising prior, during and subsequent to termination that are directly <br />attributable to the termination. <br /> <br /> F:Atty/AgdAgr. 119 <br /> 052003 7 <br /> <br /> <br />