New Search
4. Termination. Notwithstandingany other provision hereof to the contrary, this contract maybe <br /> terminated as follows: <br /> 4.1 The parties, by mutual written agreement, may terminate this contract at any time. <br /> 4.2 Either party may terminate this contract in the event of a breach of the contract by the other <br /> P~'h'• <br /> 4.3 The City may terminate this contract at any time or for any reason, upon not less than seven <br /> days' notice in advance of the termination date. <br /> 4.4 City may terminate this contract immediately upon Contractor's failure to have in force any <br /> insurance required by this contract. <br /> Except as provided in paragraphs S and 6 below, in the event of a termination, City shall pay <br /> Contractor for Work performed to the date of termination. <br /> S. Remedies. <br /> 5.1 In the event of a termination of this contract by City because of a breach by Contractor, City <br /> may complete the Work either by itself or by contract with other persons, or any <br /> combination thereof. Contractor shall be liable to City for any costs or losses incurred by <br /> City arising out of or related to the breach, including costs incurred in selecting other <br /> contractors, time-delay losses, attorney fees and the like, less the remaining unpaid balance <br /> of the consideration provided in this contract. City may withhold payment of Burns due <br /> Contractor for Work performed to the date of termination until City's costs and losses have <br /> been determined, at which time City may offset any such amount due Contractor against the <br /> costs and losses incurred by City. <br /> S.2 The foregoing remedies provided to City for breach of this contract by Contractor shall not <br /> be exclusive. City shall be entitled to exercise any one or more other legal or equitable <br /> remedies available because of Contractor's breach. <br /> S.3 In 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 termination. <br /> 6. Records/Inspection. Contractor shall maintain records of its charges to City under this contract for <br /> a period of not less than three full fiscal years following Contractor's completion of this contract. <br /> Upon reasonable advance notice, City or its authorized representatives may from time to time <br /> inspect, audit and make copies of any of Contractor's records that relate to this contract. If any <br /> audit by City discloses that payments to the Contractor were in excess of the amount to which <br /> Contractor was entitled under this contract, Contractor shall promptly pay to City the amount of <br /> such excess. If the excess is greater than one percent of the contract amount, Contractor shall also <br /> reimburse City its reasonable costs incurred in performing the audit. <br /> 7. Indemnification. Contractor shall indemnify and hold City, and its officers, agents and employees, <br /> harmless from and against all claims, actions, liabilities, costs, including attorney fees and other <br /> Pcrsonal Services Contract-Page 2 <br /> <br /> (Revised December 199T} <br /> <br />