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perForming the contract, whether completed or in progress, drafted in whole or in part, <br /> as 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 <br /> system's environment, commandeering of materials, products, plants, or facilities by the <br /> government, when satisfactory evidence is presented to the other party, provided that it is <br /> reasonably established by presentation of facts, that the nonperformance is not due to the fault <br />' or neglect of the party who is not performing. <br /> EXECUTED, this Z9 day of /l/vdca��'o, 2001, for the Consultant: I <br /> � � _ I <br /> o��lc°- ���i���� � <br /> Ted Steinbrecher, President <br /> EXECUTED, this�day of J��'� 2001, for the CITY OF DECATUR: <br /> Step L. Garman, City Manager <br /> ATTEST: <br /> �.� '`� _ �� <br /> City Clerk <br /> 9 <br />