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one or more other legal or equitable remedies available because of Contrac- <br />tor's breach. ~ <br />5.3 In the event of breach of this contract by City, Contractor's <br />remedy shall be limited to termination of this contract and payment for work <br />performed to the date of termination. <br />6. Records/Inspection. <br />Contractor shall maintain records of its charges to City under this <br />contract for a period of not less than three full fiscal years following <br />Contractor's completion of this contract. Upon reasonable advance notice, <br />City or its authorized representatives may from t~me to time inspect, audit <br />and make copies of any of Contractor's records that relate to this contract. <br />If any audit by City discloses that payments to the Contractor were in excess <br />of the amount to which Contractor was entitled under this contract, Contrac- <br />tor shall promptly pay to City the amount of such excess. If the excess is <br />greater than one percent of the contract amount, Contractor shali also <br />reimburse City its reasonable costs incurred in performing the audit. <br />7. Indemnification: <br />The Contractor shall defend, save and hold harmless the City of Eugene, <br />it s officers, agents, employees, and members from all claims, suits, or <br />actions r esulting from or arising out of negligent acts, errors, or omis- <br />sions, of the Co ntractor, or its subcontractors, agents, or employees in the <br />performance of professional services under this contract. <br />8. Insurance. <br />Contractor shall maintain in force for the duration of this contract <br />the insurance coverages specified below. Each policy required by these <br />provisions shall be written as a primary policy, not contributing with or in <br />excess of any coverage which City may carry. A copy of each policy or a <br />certificate satisfactory to City shall be delivered to City prior to <br />commencement of the Work. Unless otherwise specified, each policy shall be <br />written on an °occurrence" form with an admitted insurance carrier licensed <br />to do business in the state of Oregon and shall contain an endorsement <br />entitling City to not less than 30 days prior written notice of any material <br />change, nonrenewal or cancellation. In the event the statutory limit of <br />liability of a public body for claims arising out of a single accident or <br />occurrence is increased above the combined single limit coverage requirements <br />specified below, City shall have the right to require Contractor to increase <br />the Contractor's coverages to the statutory limit for such claims and to <br />Personal Services Contract - 3 <br />