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Contractors. <br /> <br /> ~rr~ 6.2 If at the time of breach by Contractors, a scheduled payment is due <br /> Contractors by City, City shall evaluate status of Contractors' work to date and determine <br /> fair payment for work completed to that date. Fair payment shall not exceed 90% of the next <br /> scheduled payment due Contractors. All subsequent payments shall be withheld until the <br /> Work has been completed. <br /> 6.3 Any costs incurred by City in completing the designs, having them completed <br /> by another Contractor, or for construction delays caused by Contractors' breach, shall be <br /> paid by City, up to the remaining value of the Agreement. City shall provide Contractors a <br /> written accounting of the costs incurred in having the Work completed. <br /> 6.4 In the case of illness or accident to Contractors, if the delay period for <br /> completing the Work exceeds two months past the completion date stated in Section 3, City <br /> may terminate this Agreement. <br /> 6.5 The foregoing remedies provided to City for breach of this Agreement by <br /> Contractors shall not be exclusive. City shall be entitled to exercise any one or more other <br /> legal or equitable remedies available because of Contractors' breach. <br /> 6.6 In the event of breach of this contract by City, Contractors' remedy shall be <br /> limited to termination of this Agreement and payment for work performed to the date of <br /> termination. <br /> 7. Records/Inspection. <br /> Contractors shall maintain records of its charges to City under this Agreement for a <br /> period of not less than three full fiscal years following Contractors' completion of this <br /> Agreement. Upon reasonable advance notice, City, or its authorized representative, may <br /> from time to time inspect, audit and make copies of any of Contractors' records that relate <br /> to this Agreement. <br /> If any audit by City discloses that payments to Contractors were in excess of the <br /> amount to which Contractors was entitled under this Agreement, Contractors shall promptly <br /> pay to City the amount of such excess, plus interest calculated at current market rate for the <br /> period of time such excess was held by Contractors. <br /> 8. Indemnification. <br /> 8.1 Contractors shall indemnify and hold City, and its officers, agents and <br /> employees, harmless from and against all claims, actions, liabilities, costs, including <br /> attomey fees and other costs of defense, arising out of the design or fabrication of the <br /> Work, Contractors' failure to strictly comply with any provision of this Agreement, or any <br /> other actions or failure to act by Contractors and Contractors' employees, agents, officers <br /> and sub-contractors. In the event any such action or claim is brought against City, <br /> Contractors shall, if City so elects and upon tender by City, defend the same at Contractors' <br /> sole cost and expense, promptly satisfy any judgment adverse to City or to City and <br /> Contractors, jointly, and reimburse City for any loss, cost, damage or expense, including <br /> attomey fees, suffered or incurred by City. <br /> Personal Services Contract - 4 <br /> <br />