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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 /> 10. RECORDS. Consultant shall keep and maintain records of all time <br /> expended and costs and expenses incurred relating to services to be performed by <br /> Consultant under this Agreement, for a period of at least two (2) years after <br /> Consultant's receipt of the final payment under this Agreement. Said records shall be <br /> F:Atty/Agr/Agr.172 <br /> 030304 4 <br />