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including their compliance with applicable laws and their safety, including without limitation, all <br />OSHA standards, requirements, and regulations. The City of San Marcos shall provide the EAA <br />copies of all contracts with the subcontractors, upon request. <br />ARTICLE V <br />TERMINATION <br />Section 5.1. Termination. The EAA may terminate this Agreement at any time, <br />including the expiration of each budget or payment period, with or without cause, upon ten (10) <br />days prior written notice to the City of San Marcos. Upon receipt of such termination notice, the <br />City of San Marcos shall immediately stop all work in progress, including, without limitation, all <br />work performed by subcontractors. Insofar as possible, all work in progress will be brought to a <br />logical termination point. Within 30 days of termination, the EAA shall pay the City of San <br />Marcos all moneys then due and owing for the Services rendered, costs and expenses reasonably <br />incurred up to the time of termination. Upon receipt of a termination notice, the City of San <br />Marcos shall, within sixty (60) days, deliver or make available to the EAA all data, drawings, <br />specifications, reports, estimates, summaries, and such other information and materials as may <br />have been accumulated by the City of San Marcos in performing this Agreement, whether <br />completed or in process. Further, this Agreement is conditioned on a best efforts attempt by the <br />EAA to obtain and appropriate funds for payment of the Agreement. <br />ARTICLE VI <br />NON - PERFORMANCE <br />Section 6.1. The City of San Marcos warrants that it will perform all Services hereunder <br />in a good and workmanlike manner, strictly in accordance with City of San Marcos standards, <br />the Scope of Work, and as otherwise provided in this Agreement. Failure to timely perform the <br />Services as warranted and agreed shall constitute a breach of contract and shall be subject to all <br />applicable remedies of law. Judgment of nonperformance shall rest solely with the EAA. <br />ARTICLE VII <br />ASSUMPTION OF RISK <br />Section 7.1. Risk. The City of San Marcos shall assume all risks associated with the City <br />of San Marcos's or its subcontractors' performance under this Contract and shall waive any <br />claim against the EAA and other participants for damages arising out of the performance of the <br />Services specified. <br />4of7 <br />