Laserfiche WebLink
<br />In the event of termination, Consultant shall be entitled to compensation for <br />services performed to the effective date of tennination; City, however, may <br />condition payment of such compensation upon Consultant delivering to City any <br />or all documents, photographs, computer software, video and audio tapes, and <br />other materials provided to Consultant or prepared by or for Consultant or the <br />City in connection with this Agreement. <br /> <br />8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of <br />this Agreement beyond that provided for in Subsection 1.1. Any such extension <br />shall be specified in writing by the City. Consultant understands and agrees that <br />if City issues such an extension, City shall have no obligation to provide <br />Consultant with compensation beyond the maximum amount provided for in this <br />Agreement. Similarly, unless authorized by the City, City shall have no <br />obligation to reimburse Consultant for any otherwise reimbursable expenses <br />incurred during the extension period. <br /> <br />8.3 Amendments. The parties may amend this Agreement only by a writing signed <br />by all the parties. <br /> <br />8.4 Assie:nment and Subcontractine. City and Consultant recognize and agree that <br />this Agreement contemplates personal perfonnance by Consultant and is based <br />upon a determination of Consultant's unique professional competence, <br />experience, and professional knowledge. Moreover, a substantial inducement to <br />City for entering into this Agreement was and is the personal reputation and <br />competence of Consultant. Consultant may not assign this Agreement or any <br />interest therein without the prior written approval of the City. Consultant shall <br />not subcontract any portion of the performance contemplated and provided for <br />herein, other than to the subcontractors noted in the proposal, without prior <br />written approval of the City. <br /> <br />8.5 Survival. All obligation"s arising prior to the termination of this Agreement and <br />all provisions of this Agreement allocating liability between City and Consultant <br />shall survive the termination ofthis Agreement. <br /> <br />8.6 Options upon Breach bv Consultant. If Consultant materially breaches any of <br />the terms of this Agreement, City's remedies shall included, but not be limited to, <br />the following: <br /> <br />8.6.1 Immediately terminate the Agreement; <br /> <br />8.6.2 Retain the plans, specifications, drawings, reports, design documents, and <br />any other wurk product prepared by ConsuHant pursuant to this <br />Agreement; <br /> <br />Consulting Services Agreement between <br />City of San Leandro and BMS Design Group <br /> <br />Page 10 of32 <br /> <br />