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Ah r <br />Engineering Services with Hayter for its own <br />convenience due to the uncertainty of the <br />availabilitv of federal funding for the <br />construction phase (Step III) of the project. <br />10. Hayter has delivered to City, and Citv <br />accepts receipt frorn Hayter of, all data, <br />drawings, specifications, reports, estimates, <br />summaries and other information and materials <br />accumulated by the en¢ineer in performing the <br />Agreement to the date of its termination, all <br />of which are listed on Exhibit "A" attached <br />hereto, to which reference is here made for <br />all pertinent purposes. <br />11. Hayter has submitted its staternent for <br />termi-nation costs represerting the equitable <br />adjustment oi its charges contemplated by the <br />Agreer.ient - Consultin; Engineerin(-, AQreements <br />Pranul;ated bv EPA, r)arac-r.qph S. Termination, <br />and such charges have been audited, accented, <br />compromised, and paid bv City to Havter in <br />the comprorrised amount hereinatter recited, <br />receipt of which amount has been acknowledged <br />by Ha,ater by separate receipt. Certain <br />charges set out on the Termination Statement <br />subrlitted by Hayter to City have been <br />reserved for payment on a cost-incurred basis <br />after audit, as hereinaf,_-er more fullv <br />recited. <br />12. Hayter has requested a-: audit from the Te:Kas <br />Department oi Water Resources of its booi:s <br />and records in tne perform<:nce of its <br />Agreement, and such audit has been refused, <br />P.EI_EASL AFTER OF C0:77?'.ACT <br />`'t °_Y 1",:1^EC'_"1'~',",, <br />