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. + � • <br /> (b) Upon expiry of the free suppor! period described in par2g�aph 2 (7ask 8),!he City will enter into <br />• a five (5) year Extended Client Support (ECS) Agreement with Consultant City will make 2n <br /> annual payment of 53,500.OQ to Consullant for the Full System S��ppoR service described ist <br /> Exhibit"D". <br /> 8. U 9 <br /> ' It a dispute should arise regarding ihe pertormance ot this Aflrearnent or compensatlon tor work <br /> performed under this Agreement, the pariies hereby agree to attempt to settte the dispute by <br /> subsequent agreement betwee�� fhe Consultant's Principal and the Clty's Project Maneger. ln the 'I <br /> event thai a dispute continues, the Principal of the Consultant and the City's Project manager shall <br /> state their respective views of the dispute in a lettor io lhe C�ty Manager, sending copies to each <br /> other. The City Maneger shall, within ten days ot receiving letler from both parties, consider the <br /> facts and solutions reeommended by each party. In such cases,the action o(the City Manager shall <br /> be binding upon both City and Consultant. Nothing in this proceciure shall prohibit the parties from <br /> Seeking remedies available to them at law. In the event of IitiQation, the prevaifing party shall be <br /> entitled to reasonable attorney and other litigation cxpenses. <br /> 7. TERM QF A4RE�MENT <br /> (a) This Agreement shall take effect on the date tirst written above. <br /> {b) Afl work to be periormed by Consultant pursuant to this Agreernent shall be completed within <br /> 120 days of the effective date of thls Agreement. <br /> (c) Either party may tenninate this Agreement by tendering written notice to the other party thirty <br /> (30)days before the etfect�ve date of te�minatior�. In the evont of termination, Consultant shall <br /> be paid for work periormed to the termination date. <br /> 8. STATU�OF THE GONSULTANT <br /> The Consultant shall perform the services provided for herein in Consultant's own way as an <br /> independent coniractor and in pursuit of Consultant's Independent callinp. Consultant is not to be <br /> considered an employee of the City, nor shall any employees oi Consuttant be considered <br /> employ@es for the City, for any purpose. Consultarit shell be under the di�ection and control of City <br /> staff onty as to the results to be accomplished. Consultant shall be tree to pursue his calling <br /> exceptinq only to the extent contained in this Agreement. <br /> 5 <br />