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Contractor shall not incur any additional costs without the City's express written permission.The City <br /> may terminate this Agreement for any reason, without cause, upon giving thirty (30) days written <br /> notice to Contractor.Contractor may terminate this Agreement for cause only upon the City's material <br /> breach of this Agreement and failure to cure said breach within thirty (30) days after receiving <br /> Contractor's written notice of said breach. <br /> 5. ASSIGNMENT AND/OR SUBCONTRACTING <br /> Assignment of any portion of the work under this Agreement must be approved in writing in advance <br /> by the City. If subcontractors are to be used, this does not relieve the Contractor from any prime <br /> responsibility of complete and acceptable performance. The Contractor shall not enter into any <br /> subcontracts or agreements or start any work by the work forces of a subcontractor,with respect to <br /> this Agreement,without the prior written consent of the City.Any work that is subcontracted for this <br /> project must also abide by all clauses and terms listed in this agreement. <br /> 6. RECORDS <br /> The Contractor shall maintain and retain all books, records, documents and other material, which <br /> relate to the completion of this Agreement, and shall undertake such accounting procedures and <br /> practices as may be deemed necessary to assure proper accounting of all invoices and payments to <br /> and from the City.These records shall be subject at all reasonable times of the normal business day to <br /> inspection, review, or audit by the authorized representative(s) of the City,the Illinois State Auditor, <br /> the U.S. Department of Transportation,or other governmental officials authorized by law to monitor <br /> this Agreement, from the date of the Agreement through and until the expiration of three (3) years <br /> after the completion of the Agreement. <br /> 7. GOVERNING LAW <br /> All work done under this Agreement shall be controlled and governed by the laws of the State of Illinois <br /> and any actions related to this Agreement must be filed in court in the State of Illinois. <br /> 8. INDEPENDENT CONTRACTOR <br /> The City's relationship to the Contractor under this Agreement shall be that of an independent <br /> contractor. The Contractor acknowledges that neither it nor its personnel shall be acting as an <br /> employee or official representative of the City.The City shall have no liability for Contractor's selection <br /> of personnel,employees,or subcontractors. <br /> The City's compensation to Contractor shall be limited to that as set forth in this Agreement and the <br /> city shall not reimburse any expenses, provide any benefits, withhold any employment taxes, or <br /> otherwise have a financial relationship with Contractor other than payment of the stated <br /> compensation.The Contractor shall be solely responsible for withholding of taxes,providing employee <br /> benefits,or otherwise complying with applicable laws relating to its employees or contractors. <br /> 2 <br />