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deliver to the City's Representative a release of all claims against the City arising under or by <br /> virtue of this Agreement. <br /> 6. The Consulting Engineer and City hereby expressly acknowledge and agree that the Local <br /> Government Prompt Payment Act does not apply to this Agreement. <br /> E. In the event of termination by City under Section ME upon the completion of any phase of the Basic <br /> Services,progress payments due to the Consulting Engineer for services rendered through such phase <br /> shall constitute total payment for such services. in the event of such termination by City during any <br /> phase of the Basic Services,Consulting Engineer also will be reimbursed for the charges of <br /> independent professional associates and consultants employed by Consulting Engineer to render <br /> Basic Services,and paid for services rendered during that phase on the basis of Consulting Engineer's <br /> Direct Labor Costs times a factor defined in Section V.A.of this Agreement for services rendered <br /> during that phase to date of termination by Consulting Engineer's principals and employees engaged <br /> directly on the Project. In the event of any such termination,ConsultingF..ngineer will be paid for all <br /> unpaid Additional Services rendered to date and unpaid Reimbursable Expenses ithat may have <br /> accrued to date. <br /> This Agreement is made between the City and the Consulting Engineer entered into on the last date <br /> written below. In witness,the parties have executed this Agreement. <br /> DATED this _ day of &A13 <br /> T IS <br /> By <br /> / <br /> A EST: aor <br /> City Clerk <br /> Consulting Engineer Firm <br /> B <br /> Last Rcvised:05/15.2013 <br />