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that Consultant's performance must be governed by sound professional practices. The <br /> City also recognizes that the Resolution Process is a legal activity in which the <br /> Consultant has no control over time, schedules, calendars or other conflicts and <br /> activities of other participants and parties involved in the Resolution Process. <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 which shall be marked by the <br /> completion of the Resolution Process. <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, or <br /> City may terminate this Agreement at City's sole discretion upon Consultant's <br /> completion of any individual "Task" described in Exhibit "A." In the event of such <br /> termination, City shall compensate Consultant for services rendered, and reimburse <br /> Consultant for costs and expenses incurred, to the date of termination, calculated in <br /> accordance with the provisions of paragraph 2. In ascertaining the services actually <br /> rendered to the date of termination, consideration shall be given both to completed <br /> work and work in process of completion. Nothing herein contained shall be deemed a <br /> limitation 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 /> (c) Upon such termination, Consultant shall, without delay, deliver to City all <br /> materials and records prepared or obtained in the performance of this Agreement in <br /> accordance with paragraph 7. <br /> F:Atty/Agr/Agr.131 <br /> 091603 4 <br />