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072309
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072309
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Date
7/23/2009
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15 TERMINATION <br />a. District shall have the right to terminate this Agreement .for any <br />reason on 5 days' written notice to Consultant. Consultant shall <br />have the right to terminate this Agreement for any reason on 60 <br />days' written notice to District. Consultant agrees to cease all work <br />under this Agreement on or before the effective date of any notice <br />of termination. All District data, documents, objects, materials or <br />other tangible things shall be returned to - District upon the <br />termination or expiration of this Agreement. <br />b. If District terminates this Agreement due to no :fault or failure of <br />performance by Consultant, then Consultant shall be paid based on <br />the work satisfactorily performed at the time of termination. In no <br />.event shall Consultant be entitled to receive more than the "not to <br />exceed amount" specified in Section 3 above. <br />16. SURVIVING COVENANTS <br />The parties agree that the covenants contained in Section. 10, Section <br />12(b), and Section 18 of this Agreement shall survive the expiration or <br />termination of this Agreement. <br />17. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE <br />The acceptance by Consultant of the final payment made under this <br />Agreement shall operate as, and be a release of, the District from all <br />claims . and liabilities for compensation to Consultant for anything done, <br />furnished, or relating to Consultant's work or services. Acceptance of <br />payment shall be any negotiation of District's check or the failure to make <br />a' written ektra compensation claim within 10 days of the receipt of that <br />check. However, approval or payment by the District shall not constitute, <br />nor be deemed, a release of the responsibility and liability of Consultant, <br />its employees, subcontractors, agents, and consultants for the accuracy <br />and competency of the information provided and/or work performed; nor <br />shall such approval .or payment be deemed to be an assumption of such <br />responsibility or liability by the District for any defect or error in the work <br />prepared by Consultant, its employees, subcontractors, agents, and <br />consultants. <br />18. AUDIT OF RECORDS <br />At any time during normal business hours upon one business day's notice <br />and as often as it may deem necessary, the Consultant shall make <br />available to the District for examination all its records with respect to this <br />Agreement and will permit District to audit, examine, and/or reproduce <br />E'7 <br />
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