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ATTACHMENT 1 prevailing rate of per diem wages. Consultant shall forfeit fifty dollars ($50.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for any public work done under the Agreement by it or by any subcontractor. 11. Termination a) For Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Consultant that the Agreement is terminated. Upon the date such notice is received by Consultant, said Agreement shall then be deemed terminated, and no further work shall be performed by Consultant. If the Agreement is so terminated, the Consultant shall be paid for that percentage of the work actually completed, based on a pro rata portion of the total fixed sum compensation described in Section 7 herein at the rime the notice of termination is received. b) For Default.If the Consultant fails to perform in the manner called for in the Agreement, or if the Consultant fails to comply with any other provisions of the Agreement, City may terminate this Agreement for default. Termination shall be effected by serving a notice of termination on the Consultant setting forth the manner in which the Consultant is in default. The Consultant shall have 7 days from receipt of notice of termination to remedy the elements of the default identified by City in the notice of termination, and if so remedied, will no longer be deemed in default. If the Consultant fails to remedy the default, The Consultant will only be paid for all work performed to the date of termination as calculated by City based on Paragraph 10 a) hereof, provided that such compensation shall not in any case exceed the maximum sum set forth in Paragraph 7 hereof 12. Non-Assignability. The Consultant shall not assign, sublet, or transfer this Agreement or any interest or obligation therein without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. 13. Indemnify and Hold Harmless. Consultant shall defend, indemnify, and hold harmless, the City and its officers and employees from and against all claims, losses, damage, injury, and liability for damages to the extent arising from negligent acts, errors or omissions of the Consultant in the performance of its services under this Agreement, regardless of whether the City has reviewed and/or approved the work or services which has given rise to the claim, loss, damage, injury or liability for damages. This indemnification shall extend for a reasonable period of time after completion of the project as well as during the period of actual performance of services under this Agreement. The City's acceptance of the insurance certificates required under this Agreement does not relieve the Consultant from its obligation under this paragraph. 14. Insurance. During the term of this Agreement, Consultant shall maintain in full force and effect at its own cost and expense the following insurance coverage: a. General Liability and Bodily Injury Insurance