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part of the work as shall not have been terminated by the notice of ternzination; and take <br />' such action as may be necessary, or as the CITY may direct, for the protection or <br /> preservation of the property related to this Agreement and in which the CITY has or may <br /> acquire an interest. <br /> Sett <br /> lement of claims b the CONSULTAN u <br /> y T nder this te�nination for convenience <br /> clause shall be in accordance with the provisions set forth in Federal Procurement <br /> Regulations (FPR) 1-8.701 (c), (d), (e), (fl, (g), (h), (i), (j), and (k) except that wherever <br /> ,� �► �� <br />, the word Government a ears it shall be deleted �� <br /> pp and the word CITY shall be <br /> substituted in place thereof. <br /> 10.2 TERMINATION FOR DEFAULT <br /> The CITY may, by written notice of default to the CONSULTANT, terminate the whole I <br /> or any part of this Agreement if the CONSULTANT fails to perform the services within <br /> the time specified herein or any extension thereof; or if the CONSULTANT fails to make <br /> progress as to endanger perfo�nance of this Agreement in accordance with its terms, and <br /> in either of these two circumstances does not cure such failure within a period of ten (10) I, <br /> days (or such longer period as the CITY may authorize in writing) after receipt of notice I <br /> from the CITY specifying such failure. , <br /> If the Agreement is terminated in whole or in part for default, the CITY may procure, ��i <br /> upon such terms and in such manner as the CITY may deem appropriate, services similar I <br /> to those so terminated. The CONSULTANT shall be liable to the CITY for any excess I <br /> costs for such similar services, and shall continue the performance of this Agreement to <br /> the extent not terminated under the provisions of this clause. <br /> Except with respect to defaults of subcontractors, the CONSULTANT shall not be liable I� <br /> for any excess costs if the failure to perfonn the Agreement arises out of causes beyond II <br /> the control and without the fault or negligence of the CONSULTANT. If the failure to <br /> perform is caused by the default of a subcontractor, and if such default arises out of I� <br /> causes beyond the control of both the CONSULTANT and subcontractor, and without the <br /> fault and negligence of either of them, the CONSULTANT shall not be liable for any <br /> excess costs for failure to perform,unless the services to be furnished by the <br /> subcontractor were obtainable from other sources in sufficient time to permit the <br /> CONSULTANT to meet the required delivery schedule. <br /> Payment for services rendered and accepted by the CITY shall be at the Agreement price. I'� <br /> The CITY may withhold from amounts otherwise due the CONSULTANT for such I <br /> services such sum as the CITY determines to be necessary to protect the CITY against <br /> loss because of outstanding liens or claims of former lien holders. ''i <br /> If, after notice of termination of this Agreement under the provisions of this clause, it is <br /> determined for any reason that the CONSULTANT was not in default under the <br /> provisions of this clause, or that the default was excusable under the provisions of this , <br /> clause, the rights and obligations of the parties shall be the same as if the notice of � <br /> termination had been issued pursuant to te�nination for convenience of the CITY. �i <br /> Decatur Public Transit System ', <br /> Transit Planning Study 10 li <br />