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directs otherwise) and cancel services or products which <br />Consultant had ordered in accordance with this Agreement. If any <br />termination of the Consultant results through no fault of the <br />Consultant, the Consultant shall be notified three months in <br />advance of said termination and will be compensated therefore <br />under the terms of this Agreement. <br /> <br /> Consultant shall be compensated for all work performed <br />prior to time of receipt of notice of termination, and shall be <br />compensated for materials ordered by the Consultant, or services <br />of others ordered by the Consultant prior to receipt of notice of <br />termination whether or not such materials or final instruments of <br />services of others have actually been delivered, provided that <br />Consultant is not able to cancel such orders for materials or <br />services of others. <br /> <br /> In the event of termination, Consultant shall deliver or <br />otherwise make available to City all data, reports, estimates, <br />summaries, and other such information and material as may have <br />been accumulated by Consultant in performing this Agreement, <br />whether completed or in progress. <br /> <br /> 10. Assignment. City is entering into this Agreement in <br />consideration of the rendition of services required herein by <br />Consultant. Consultant shall not assign any of the duties, <br />responsibilities, or obligations of this Agreement to any other <br />firm, company, entity, or individual, except with the express <br />written consent of City, and then only upon such terms and <br />conditions as City may set forth in writing. <br /> <br /> 11. Indemnification. City shall defend, indemnify, and <br />hold harmless, the Consultant from and against any and all <br />claims, losses, damage, injury, and liability for damages arising <br />in the performance of its services under this Agreement. <br /> <br /> 12. Notices. All notices herein required shall be in <br />writing and shall be sent certified or registered mail, postage <br />prepaid, addressed as follows: <br /> <br /> To City: City Manager <br /> City of Pleasanton <br /> 200 Old Bernal Avenue <br /> Pleasanton, CA 94566 <br /> <br /> To Consultant: George E. Homolka <br /> George E. Homolka, Inc. <br /> 5335 Greenridge Road <br /> Castro Valley, CA 94552 <br /> <br /> 13. Waiver. In the event that either City or Consultant <br />shall at any time or times waive any breach of this Agreement by <br />others, such waiver shall not constitute a waiver of any other or <br />succeeding breach of this Agreement, whether of the same or any <br />other covenant, condition, or obligation. <br /> <br /> <br />