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4.2 Either party may terminate this contract in the event of a breach of the contract by <br /> the other party. <br /> 4.3 . The City may terminate this contract at any time or for any reason, upon not less <br /> than seven days' notice in advance of the termination date. <br /> 4.4 City may terminate this contract immediately upon Contractor's failure to have in <br /> force any insurance required by this contract. <br /> Except as provided in paragraph 6 below, in the event of a termination, City shall pay <br /> Contractor for Work performed to the date of termination. <br /> 5, Remedies. <br /> 5.1 In the event of a termination of this contract by City because of a breach by <br /> Contractor, City may complete the Work either by itself or by contract with other <br /> persons, or any combination thereof. Contractor shall be liable to City for any costs <br /> or losses incurred by City arising out of or related to the breach, including costs <br /> incurred in selecting other contractors, time-delay losses, attorney fees and the like, <br /> less the remaining unpaid balance of the consideration provided in this contract. City <br /> may withhold payment of sums due Contractor for Work performed to the date of <br /> termination until City's costs and losses have been determined, at which time City <br /> may offset any such amount due Contractor against the costs and losses incurred by <br /> City. <br /> 5.2 The foregoing remedies provided to City for breach of this contract by Contractor <br /> shall not be exclusive. City shall be entitled to exercise any one or more other legal <br /> or equitable remedies available because of Contractor's breach. <br /> 5.3 (n the event of breach of this contract by City, Contractor's remedy shall be limited to <br /> termination of this contract and payment for Work performed to the date of <br /> termination. <br /> 6. Records/Inspection. <br /> 7. Indemnification. Consultant agrees to indemnify (but not defend) and hold harmless City <br /> and its elected and appointed boards, officials, officers, and employees and designated <br /> agents, (individually and collectively "Indemnitees") from and against liabilities, damages, <br /> and expenses, including the reeimbursement of reasonable attorneys' fees, that <br /> Indemnitees suffer or incur arising out of injury to or death of any person or damage or loss <br /> to property, to the extent actually caused by the negligent acts or omissions of Consultant, <br /> its officers, directors, or employees committed by same in performing its services under this <br /> Agreement. <br /> <br /> 8. Insurance. Contractor shall maintain in force for the duration of this contract the insurance <br /> coverages specified below. Each policy required by these provisions shall be written as a <br /> primary policy, not contributing with or in excess of any coverage which City may carry. A <br /> copy of each policy or a certificate satisfactory to City shat! be delivered to City prior to <br /> <br />