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d. Seif-insured: If a self-insured retention or deductible is rnaintained on any of the policies,the <br /> Professional Service Provider shall provide the amaunt of the self-insured retcntion or <br /> deductible to the City. Such deductibles shall be subject ta approval by the City. Such " <br /> appraval shall not be unreasanabEy withheld. The Engineer wiil be hetd salely responsi6ie � <br /> for the amount of such dedactible and for any co-insurance. <br /> 8. Insurance Not A Liinitation. The insurance coverage arid requirements cantained in this Section � <br /> shall nat be canstrued to be a limitation of liability for the Professional Service Provider. <br /> E. TERMINATION <br /> 1. This Agreement may be terminated in who�e or in part in writing by either party in#he event of � <br /> substantial failure by the other parly to ful�ll its obligations under this Agreement thraugh no <br /> fault of the terminating party;provided that na such terminatian may be affected unless the other <br /> party is given not less than ffteen(15)calendar days priar written notice(delivered by certified <br /> mail,return receipt requested)of intent to terminate,and an opportunity for consultation with tlie <br /> terminating party prior to termination. <br /> 2. This Agreement may be terminated in whate or in part in writing by the City for its convenience; <br /> provided that the Professional Service Provider is given not less#han fifteen{IS}calendar days <br /> prior written notice delivered by certified mail,rehtrn receipt requested c�f intent to terminate,and <br /> an opportunity for consuttation with the City prior to termination. � <br /> 3. Upon receipt of a notice of intent to terminate from the City pursuant to this Agreement,the <br /> Professionai Service Provider shai[(1}promptly discontinue a11 services affected(unless the <br /> notice d'rrects otherwise}, and(2}make avaiIable to the City at any reasonable time at a Iacation � <br /> specified by the City al1 data,drawings, specifications,reparts, estimates, sumnnaries,and such <br /> other information and materials as may have been accumulated by the Professional Service <br /> Provider in perfQrrning this Agreement,whether completed or in process. <br /> 4. Upoi�ter�nination pursuant to this Agreement,the City's Representative may take over the work <br /> and complete the same by a�reement with aa�other party or atherwise. <br /> F. E�UAL EMPLQXMENT OPPC}RTIJNITY RE�UIR�MENTS. The Frofessicsnal Service <br /> Provider agrees ta abide by and camply with the City's "Equal Employnnent Oppartunity Clause" � <br /> {attached and marked hereto as Exhibit F and incorporated herein by reference}to the extent that the <br /> cl�use is applicable to this cantract. <br /> G. INDEPENDENT CONTRACTC7R STATUS. Nothing contained in this Agreement shall be <br /> construed to make the Professionat Service Provider an emplayee or paa-tner af the City. The <br /> Professional Service Provider shall at all tunes hereunder be construed to be an independent <br /> cantractor. <br /> H. FEDERAL FUNDII�IG. If Federa!Funds are utilized as a source of PrQject funding,the <br /> Professional Service Provider shall abide by the terms of all Federal requirements in the performance . <br /> of duties hereunder. <br /> I. AMENDMENT UF AGrREEMENT. This Agreement shatl be atnended or supptemented oniy in <br /> writing and executed by both parties hereto. , <br /> Last Revised: 12I11120}S � <br /> I:11$jabsil8L03321Admin145-Agreements12014 Professianai Services Agreemeni with I-Iansan Professional Services.docx <br />