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<br /> III. COMPENSA nON TO THE CONSULTANT <br /> A. The CONSULTANT shall be compensated for professional services as <br /> outlined in the workplan, for a total sum not to exceed $49,500. The CONSULTANT will <br /> submit requests monthly for partial payments based on the amount of work completed <br /> with such amounts to be due and payable twenty (20) days after receipt by the CITY. <br /> Such requests shall descr ibe the work perfor med by the hour or part thereof for each <br /> "Task", in detail sufficient to permit CITY to adequately monitor CONSULTANT'S <br /> performance of this Contract. <br /> IV. TERMINA nON AND AMENDMENTS <br /> A. Failure to Perform: If through any cause, the CITY feels that the <br /> CONSUL T ANT has failed to fulfill in a timely and proper manner its obligations under this <br /> contract, or if the CITY feels that the CONSULTANT has violated any of the covenants, <br /> agreements or stipulations of this contract, the CITY shall notify the CONSULTANT in <br /> writing of its alleged failure or violation, and CONSULTANT shall have thirty (30) days <br /> after the date of such notice to cure or correct such defect or failure. Should <br /> CONSUL T ANT fail to do so, CITY may then, at its option, terminate this contract. In <br /> such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, <br /> models, photographs, and reports prepared by CONSULTANT shall at the option of the <br /> CITY become its property, and the CONSULTANT will be entitled to receive that portion <br /> of the prescribed fee which the work actually performed under this agreement bears to <br /> the total work called for under this agreement less such payments as have been previously <br /> made. <br /> ß. Termination: This contract may be terminated by either party by thirty (30) <br /> days written notice; or in the event of substantial failure to perform in accordance with <br /> the terms hereof by tÞ1e other party through no fault of the termination party. If this <br /> agreement is terminated by request of the CITY through no fault of the CONSULTANT, <br /> the CONSULTANT shall be paid that portion of the prescribed fee which the work <br /> actually performed under this agreement bears to the total work called for under this <br /> agreement less such payments as have been previously made. If this agreement is <br /> terminated in accordance with Section IV.A. due to a failure to perform on the part of <br /> -2- <br />