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i ` <br />t • <br />4. Termination. <br />; ., <br />Notwithstanding any other provision hereof to the contrary, this con- <br />tract may be terminated as follows: <br />4.1 The parties, by-mutual written agreement, may terminate this con- <br />tract at any time. ~ <br />4.2 Either party may terminate this contract in the event of a breach <br />of the contract by the other party. <br />4.3 The City may terminate this contract at any time or for any reason, <br />upon not less than seven days' notice in advance of the termination date. <br />4.4 City ma~ terminate this contract immediately upon Contractor's <br />failure to have in force any insurance required by this contract. _- <br />Except as provided im paragraph 6 below, in the event of a termination, <br />City shall pay Contractor 'for work performed to the date of termination. <br />; <br />5. Remedies. <br />5.1 In the event of a termination of this contract by City because of a <br />breach by Contractor, City.may complete the Work either by itself or by <br />contract with other persons, or any combination thereof. Contractor shall be <br />liable to City for any costs or losses incurred by City arising out of or <br />related to the breach, inc:luding costs incurred in selecting other contrac- <br />tors, time-delay losses, a;ttorney fees and the like, less the remaining <br />unpaid balance of the cons'ideration provided in this contract. City may <br />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 <br />City may offset any such amount due Contractor against the costs and losses <br />incurred by City. <br />5.2 The foregoing remedies provided to City for breach of this contract <br />by Con~tractor shall not be exclusive. City shall be entitled to exercise any <br />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 />~ <br />6. Records/Inspection. <br />Gontractor shall main;tain records of its charges to City under this <br />contract for a period of not less than three full fiscal yers following <br />Contractor's completion of tfiis contract. Upon reasonable advance notice, <br />City or its aut'horized representatives may from .time 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 />Personal Services Contract - 3 <br />