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C. Work of the Consultant upon Termination. If this agreement is terminated, the <br /> Consultant shall be paid on a pro rata basis for all services satisfactorily rendered up to <br /> the date of suspension of this agreement. All work done, data collected, and all <br /> documents of any kind and in any format, to include electronic format, and any other <br /> materials and information which may have been accumulated by the Consultant in <br /> performing the contract, whether completed or in progress, drafted in whole or in part, as <br /> of the date of suspension, become property of the City upon termination and shall be <br /> delivered by the Consultant as the Project Manager shall direct. <br /> D. Upon termination pursuant to this paragraph, the City may take over the work and <br /> prosecute the same to completion by agreement with another party or otherwise. <br />� E. The rights and remedies provided in this clause are in addition to any other rights and <br /> remedies provided by law or under this agreement. <br /> IX. FORCE MAJEURE The parties to this contract shall be excused from performance <br /> hereunder during the time and to the extent they are prevented from obtaining or performing the <br /> service, by reason of act of God, fire, reduction or failure of power source, failure of the system's <br /> environment, commandeering of materials, products, plants, or facilities by the government, <br /> when satisfactory evidence is presented to the other party, provided that it is reasonably ' <br /> established by presentation of facts, that the nonperformance is not due to the fault or neglect of <br /> the party who is not performing. �I <br /> For the CITY OF DECATUR: For the CONSULTANT: <br /> ��1�����?z�G�es <br /> Steve Gar , City Manager Ted Steinbrecher, President <br /> � <br /> �`(T � '' �� �����2 5 �G�� <br /> date date <br /> ATTEST:� <br /> '" v (seal) <br /> ���'��i' ��o <br /> City Clerk <br /> s <br />