2000-160-RES ACCEPTING THE POLICE AND MUNICIPAL COURTS

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IV. TERMINATION' Each party agrees that upon the occurrence of a material breach or default of the other under the tenns of this Agreement, it shall provide written notice of such delilUlt to the other. Such written notification given by the party shall specifically state the material breach or default under the tenns of this Agreement. The notified party shall have thirty (30) days after such notice is given to remedy the specific breach or default. Upon the failure by the defaulting party to cure the specified breach or default within the allotted time, or recurrence of the same breach within thirty (30) days after its initial cure, the other party shall have the right to tenninate this Agreement except with respect to any liabilities or obligations which, under the terms of this Agreement are to survive its termination. City may, at its sole discretion, and without cause, terminate this Agreement at any time during the perfonnance of services thereof City shall provide Consultant ten (10) days written notice of its intent to tenninate such services, and upon receipt of such notice, Consultant shall immediately cease and desist from incurring funher costs relating to the performance of the services hereunder. In the instance of termination without cause by City, City shall pay for all services previously rendered and for all costs reasonably incurred to the date of tennination and all costs reasonable incurred thereafter as such costs related to the stoppage of work.. Provided further, however, that all work product completed by Consultant during the teon of the contract and prior to tennination, whether termination is effected for breach or without cause, not pre\iously fOlwarded to City shall be forwarded by Consultant to City. City shall pay all costs reasonably incurred to forward said wolk product to City. V. SCHEDULE OF WORK: The Consultant shall execute all of the tasks listed above within 60 calendar days of receipt of a signed agreement and authorization to proceed. Review periods by the Owner, or other extensions not caused by the Consultant, will be added to the 60 calendar days. VI. ENTIRE AGREEMENT. This agreement constitutes the entire understanding between the parties and cannot be modified except by their mutual written consent. IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and year first above written. ACCEPTED: BRINKLEY SARGENT ARCHITECTS, INC. BY: Dwayne M. Brinkley, Principal BY: Michael J. Pfiester, Mayor Date: Date: November 13. 2000 A'ITEST: Mattie Cunningham, City Clerk Page 2 of2