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<br />-3- <br /> <br />facilitate payments/disbursements <br />1.B. of this agreement. <br /> <br />by <br /> <br />City <br /> <br />as per Section <br /> <br />PART II - TERMS AND CONDITIONS <br /> <br />1. <br /> <br />Termination of Contract for Cause. If, through any cause, Ember <br />shall fail to fulfill in a timely and proper manner its obligations <br />under this Contract, or if Ember shall violate any of the <br />covenants, agreements, or stipulations of this Contract, the City <br />shall have the right to terminate this Contract by giving written <br />notice to Ember of the termination and specifying its <br />effective date, at least five days before the effective date of the <br />termination. In that event, all records and data, at the option <br />of the City, become its property. <br /> <br />Notwithstanding the above, Ember shall not be relieved of liability <br />to the City for damages sustained by the City by virtue of any <br />breach of the Contract by Ember, and the City may withhold any <br />payments to Ember for the purpose of set-off until such time as the <br />exact amount of damages due the City from Ember is determined. <br /> <br />2. <br /> <br />Reports and information. Ember at such times and in such forms as <br />the City may reasonably require, shall furnish the City such <br />periodic reports as it may request pertaining to the work or <br />services undertaken pursuant to this Contract, the costs and <br />obligations incurred or to be incurred in connection with them <br />and any other matters covered by this Contract. <br /> <br />3. <br /> <br />Records and Audits. Ember shall maintain accounts and records, <br />including personnel, property and financial records, adequate to <br />identify and account for all costs pertaining to the Contract and <br />such other records as may be deemed necessary by the City to assure <br />proper accounting for all project funds, both Federal and <br />non-Federal shares. These records will be made available for audit <br />purposes to the City or any authorized representative and will be <br />retained for three years after the expiration of this Contract <br />unless permission to destroy them before that time is granted by <br />the City. <br /> <br />4. <br /> <br />Equal Employment Opportunity: During <br />Contract, Ember agrees as follows: <br /> <br />the <br /> <br />performance <br /> <br />of <br /> <br />this <br /> <br />a. <br /> <br />Ember will not discriminate against any employee or applicant <br />for employment because of race, creed, sex, color or national <br />origin. Ember will take affirmative action to ensure that <br />applicants are employed, and that employees are treated during <br />employment, without regard to their race, creed, sex, color or <br />national origin. Such action shall include, but not be limited <br />to, the following: Employment, upgrading, demotion, or <br />transfer; recruitment or recruitment advertising; and selection <br />for training, including apprenticeship. Ember agrees to post <br />in conspicuous places, available to employees and applicants <br />for employment, notices to be provided by the City setting <br />forth the provisions of this non-discrimination clause. <br />