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8.C.b I <br /> Consultant's compensation shall be based upon such determination. The City shall make <br /> this final payment within sixty (60) days after the Consultant has delivered the last of the <br /> partially completed items. Consultant shall not be paid for any work done after receipt <br /> of the notice of termination, or for any costs incurred by Consultant's suppliers or Sub- <br /> consultants, which Consultant could reasonably have avoided. <br /> Termination for Cause: City may also terminate this contract or any part hereof with <br /> seven (7) days written notice for cause in the event of any default by the Consultant, or 3 <br /> if the Consultant fails to comply with any of the material terms and conditions of this c <br /> contract. By way of example and not limitation, unsatisfactory performance as judged by c <br /> U <br /> the Contract Administrator, and failure to provide City, upon written request, with a <br /> adequate assurances of future performance shall all be causes allowing City to terminate <br /> this contract for cause. In the event of termination for cause, City shall not be liable to to <br /> Consultant for any amount after the issuance of written notice, and Consultant shall be c <br /> liable to City for any and all damages sustained by reason of the default that gave rise to c <br /> y <br /> the termination. to <br /> co <br /> w <br /> 0 <br /> In the event Consultant is in violation of any Federal, State, County or City law, a <br /> regulation or ordinance, the City may terminate this contract immediately upon giving c) <br /> written notice to the Consultant. <br /> 0 <br /> a <br /> a <br /> In the event the City shall terminate this Contract or any part of the services as herein v <br /> provided, the City shall notify the Consultant in writing, and immediately upon receiving t!? <br /> such written notice, the Consultant shall discontinue advancing the work under this cl <br /> N. <br /> Contract and proceed to close said operations. <br /> r <br /> Upon such termination or abandonment, the Consultant shall deliver to the City all r <br /> drawings, special provisions, field survey notes, reports, and estimates, entirely or o <br /> partially completed, in any format, including but not limited to written or electronic co <br /> media,together with all unused materials supplied by the City. 0 <br /> c <br /> 0 <br /> C) <br /> The Consultant shall appraise the work it has completed and submit its appraisal to the d <br /> City for evaluation. 0 <br /> r <br /> 0 <br /> If through any cause, the Consultant shall fail to fulfill in a timely and proper manner its re <br /> obligations under this Contract, or if the Consultant shall violate any of the covenants, c <br /> agreements, or stipulations of this Contract, the City may withhold any payments to the s <br /> Consultant for the purpose of setoff until such time as the exact amount of damages due 0 <br /> the City from the Consultant is determined. a <br /> 3.4 FUNDS APPROPRIATION <br /> If the City Council does not appropriate funds to continue this Contract and pay for <br /> charges hereunder, the City may terminate this Contract at the end of the current fiscal <br /> On-Call SCADA Improvements 4 <br /> Rottweiler Controls,LLC <br /> Contract No:31700019 <br /> I Packet Pg.65 I <br />