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9WLBAf Mr. James DiPietro, City Manager June 22, 1998 Page Six TERMINATION/DEFAULT This agreement may be terminated by the City at any time, for any reason, upon thirty (30) days written notice. The Consultant shall be paid its compensation for services performed to termination date in accordance with the compensation section of this agreement assuring the City does not contend there has been a default or failure of performance as set forth in the Agreement. Such default shall be stated in writing to Consultant prior to suspension of services. City in its sole discretion may allow Consultant to rectify the default to its reasonable satisfaction within 15 days. All finished or unfinished maps prepared by Consultant shall become the property of the City and shall be delivered by Consultant to City. SEVERABILITY If any provision of this agreement shall be declared illegal, void or unenforceable by a court of competent jurisdiction, the other provisions shall not be affected but shall remain in full force and effect. SUBCONSULTANTS Consistent with the proposal submitted by the Consultant, a portion of the services provided by this agreement will be subcontracted to Beiswenger, Hoch and Associates, Inc., hereafter referred to as the Subconsultant. Consultant will obtain written approval of the City Manager prior to changing or modifying the subconsultant(s) on this project. APPROVAL The acceptance of this Agreement can be signified by signing in the space below. One signed copy shall be returned to the Consultant and will serve as the agreement between the parties. NONDISCRIMINATION During the dependency of the agreement, Consultant shall not discriminate against any employee with regard to sex, race, age, creed or color and shall, if accused, indemnify the City as set forth in the indemnification clause stated above. Since ely, Wa er H. Keller, PE., AICP President WW6 14M continued....