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4. TERMINATION OF AGREEMENT <br /> Upon termination the Contractor shall be compensated for all work performed for the City prior to <br /> termination and shall provide to the City all work completed through the date of termination. The <br /> City's issuance of a notice of termination shall function as a stop work order, beyond which the <br /> 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. The City is subject to the Freedom of Information Act and records of the Contractor <br /> are considered records of the City and thus subject to disclosure upon requests or demand of the City. <br /> These records shall be subject at all reasonable times of the normal business day to inspection,review, <br /> or audit by the authorized representative(s)of the City,the Illinois State Auditor,the U.S. Department <br /> of Transportation,or other governmental officials authorized by law to monitor this Agreement,from <br /> the date of the Agreement through and until the expiration of three(3)years after the completion of <br /> 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 /> 2 <br />