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10/22/2003 14:13 6S026i9102 RW¢ CITY CLERK PAGE 12 Agency as the case may be. Consultant may use, for marketing purpose and reference, copies of the final documents and final graphics. 9. $CHEDUL_.~_.. Consultant shall perform work under this Agreement only at the express direction of City and/or Agency ~taff, evidenced in writing, 10. TERM; TERMINATION. (a) The term of this Agreement shall commence upon the date first hereinabove written and shall expire upon the expenditure of all funds mentioned in paragraph 2 of this Agreement unless this Agreement is amended to increase the specified funding. (b) Notwithstanding the provisions of (a) above, either party may terminate this Agreement without cause by giving written notice thereof not less than ten (10) days prior to the effective date of termination, which date shall be included in said notice~ In the event of such termination, City and/or Agency shall compensate Consultant for services rendered, and reimburse Consultant for costs and expenses incurred, to the date of termination, calculated in accordance with the provisions of paragraph 2. In ascertaining the services actually rendered to the date of termination, consideration shall be given both to completed work' and work in process of completion. Nothing herein contained shall be deemed a limitation upon the right of City and/or Agency to terminate this Agreement for cause, or otherwise to exercise such rights or pursue such remedies as may accrue to City and/or Agency hereunder. 11, RECORDS.. Consultant shall keep and maintain accurate records of all time expended and costs and expenses incurred relating to services to be performed by Consultant hereunder. Said records shall be available to City and/or Agency for review and copying, by previous appointment, dudng regular business hours at Consultant's place of business or as otherwise agreed upon by the Parties. F:At/y/Agr/Ag r, 14~ 073103 3