New Search
i <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 /> I the other party. <br /> <br /> I <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 /> <br /> i <br /> <br /> f 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 <br /> costs or losses incurred by City arising out of or related to the breach, including <br /> costs incurred in selecting other contractors, time-delay losses, attorney fees and <br /> the like, less the remaining unpaid balance of the consideration provided in this <br /> contract. City may withhold payment of sums due Contractor for Work performed <br /> to the date of termination until City's costs and losses have been determined, at <br /> which time City may offset any such amount due Contractor against the costs and <br /> losses incurred 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 <br /> legal 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 /> Records/Inspection. 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 Contractor's completion <br /> of this contract. Upon reasonable advance notice, City or its authorized representatives <br /> may from time to time inspect, audit and make copies of any of Contractor's records that <br /> relate to this contract. If any audit by City discloses that payments to the Contractor were <br /> in excess of the amount to which Contractor was entitled under this contract, Contractor <br /> shall promptly pay to City the amount of such excess. If the excess is greater than one <br /> percent of the contract amount, Contractor shall also reimburse City its reasonable costs <br /> incurred in performing the audit. <br /> 7. Indemnification. Contractor shall indemnify and hold City, and its officers, agents and <br /> employees, harmless from and against all claims, actions, liabilities, costs, including <br /> attorney fees and other costs of defense, arising out of or in any way related to the Work, <br /> Personal Services Contract-Page 6 <br /> (Revised December 1997) <br /> _ _ <br /> <br />