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~• ; <br />3. Consideration.' , <br />The consideration_which City shall pay to the Gontractor for the work, <br />including any expenses incurred by Contractor in performing the work, shall <br />be an amount not to exceed $11,900, payable upon receipt of monthly billings <br />from the contractor. <br />4. Termination. <br />. Notwithstanding any'`ottier.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 tim'~. <br />z , <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:adv.ance of the termination date. <br />4.4 City may terminate this contract immediately upon Contractor's <br />failure to have in force:any insurance required by this contract. <br />Except as provided,in paragraph 6 below, in the event of a termination, <br />City shall pay Contractor.:for work performed to-tlie date of termination. <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 combinat.ion 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,`incl.uding costs incurred in selecting other contrac- <br />tors, time-delay losses, attor.ney fees and the like, less the remaining <br />unpaid balance of the consideration 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 cost~s 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 Contractor shall not be exclusive. City shall be entitled to exercise any <br />one or more other legal or equitable remedies avai}able 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 />Personal Services Contract - 4 <br />