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'~ ~" '~ <br />t <br />3. Consideration. The consideration which City shall pay to Contractor, for both the Work <br />performed by Contractor and the expenses incurred by Contractor in performing the Work, <br />shall not exceed $50,000 based on the schedule of rates described in the attached Exhibit <br />A. City shall make progress payments, based on monthly invoices from Contractor, <br />together with a progress report containing a summary of the Work completed for which <br />payment is requested. City's payment shall be made within 30 days after Contractor's <br />statement. Contractor shall not be entitled to reimbursement for travel or other expenses <br />unless specified on the attached schedule of rates. If Contractor is entitled to reim- <br />bursement for any such expenses, they shall be properly documented and submitted in <br />accordance with City requirements. <br />4. Termination. Notwithstanding any other provision hereof to the contrary, this contract <br />may be 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 <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. <br />City may withhold payment of sums due Contractor for Work performed to the date <br />of 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 <br />by 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 In the event of breach of this contract by City, Contractor's remedy shall be limited <br />to termination of this contract and payment for Work performed to the date of <br />termination. <br />Personal Services Contract--Page 2 <br />(Revised December 1997) <br />