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further, that such unavoidable delay shall not include strikes, lockouts, work stoppages, <br />or other labor disturbances conducted by, or on behalf of, Consultant's officers or <br />employees. <br /> <br /> Consultant acknowledges the importance to City of City's Project schedule and <br />agrees to put forth its best professional efforts to perform its services under this <br />Agreement in a manner consistent with that schedule. City understands, however, that <br />Consultant's performance must be governed by sound engineering practices. <br /> <br /> 9. TERM; TERMINATION. (a) The term of this Agreement shall commence <br />upon the date first hereinabove written and shall expire upon completion of <br />performance of services hereunder by Consultant. <br /> <br /> (b) Notwithstanding the provisions of (a) above, either party may terminate this <br />Agreement without cause by giving written notice thereof not less than ten (10) days <br />prior to the effective date of termination, which date shall be included in said notice. In <br />the event of such termination, City shall compensate Consultant for services rendered, <br />and reimburse Consultant for costs and expenses incurred, to the date of termination, <br />calculated in accordance with the provisions of paragraph 2. In ascertaining the <br />services actually rendered to the date of termination, consideration shall be given both <br />to completed work and work in process of completion. Nothing herein contained shall <br />be deemed a 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 /> 10. RECORDS. Consultant shall keep and maintain accurate records of all <br />time expended and costs and expenses incurred relating to services to be performed by <br /> <br /> F:Atty/Ag r/Ag r. 155 4 <br /> 082503 <br /> <br /> <br />