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<br />Agency as the case may be. <br /> <br />Consultant may use, for marketing purpose and <br /> <br />reference, copies of the final documents and final graphics. <br /> <br />9. <br /> <br />SCHEDULE. Consultant shall perform work under this Agreement only at <br /> <br />the express direction of City and/or Agency staff, evidenced in writing. <br /> <br />10. <br /> <br />TERM: TERMINATION. <br /> <br />(a) The term of this Agreement shall commence upon the date first hereinabove <br /> <br />written and shall expire upon the expenditure of all funds mentioned in paragraph 2 of <br /> <br />this Agreement unless this Agreement is amended to increase the specified funding. <br /> <br />(b) Notwithstanding the provisions of (a) above, either party may terminate this <br /> <br />Agreement without cause by giving written notice thereof not less than ten (10) days <br /> <br />prior to the effective date of termination, which date shall be included in said notice. In <br /> <br />the event of such termination, City and/or Agency shall compensate Consultant for <br /> <br />services rendered, and reimburse Consultant for costs and expenses incurred, to the <br /> <br />date of termination, calculated in accordance with the provisions of paragraph 2. In <br /> <br />ascertaining the services actually rendered to the date of termination, consideration <br /> <br />shall be given both to completed work and work in process of completion. Nothing <br /> <br />herein contained shall be deemed a limitation upon the right of City and/or Agency to <br /> <br />terminate this Agreement for cause, or otherwise to exercise such rights or pursue such <br /> <br />remedies as may accrue to City and/or Agency hereunder. <br /> <br />11. <br /> <br />RECORDS. Consultant shall keep and maintain accurate records of all <br /> <br />time expended and costs and expenses incurred relating to services to be performed by <br /> <br />Consultant hereunder. Said records shall be available to City and/or Agency for review <br /> <br />and copying, by previous appointment, during regular business hours at Consultant's <br /> <br />place of business or as otherwise agreed upon by the Parties. <br /> <br />F:Atty/Agr/Agr.111 <br />060303 <br /> <br />3 <br />