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SECTION 8. ACCEPTANCE OF OTHER EMPLOYMENT <br /> 8.1 Neither the City Engineer,the Assistant City Engineer, nor the CONSULTING <br /> ENGINEER shall accept any employment from any firm or corporation engaged in the business of <br /> establishing subdivisions or erecting buildings, or under contract for any public or other private <br /> improvement,within the CITY of North Olmsted. <br /> SECTION 9. DISPUTES <br /> 9.1 Except as this Agreement otherwise provides, all claims, counterclaims, disputes <br /> and other matters in question between the CITY and the City Engineer,the Assistant City <br /> Engineer, and/or the CONSULTING ENGINEER arising out of or relating to this Agreement or <br /> the breach of it will be decided by mediation if the parties hereto mutually agree, or in a court of <br /> competent jurisdiction within the State of Ohio, County of Cuyahoga. <br /> SECTION 10. TERMINATION OF AGREEMENT <br /> 10.1 It is expressly understood and agreed that either the CITY or CONSULTING <br /> ENGINEER may terminate this Agreement at any time by giving 30 days advance written notice <br /> to the other party either personally to the representative of that party who signed this Agreement, <br /> or by registered mail, return receipt requested, addressed to the principal office of that party. <br /> Neither the City Engineer nor the Assistant City Engineer shall have any right to terminate this <br /> Agreement, but may, upon 30 days advance written notice to the CITY, resign from their <br /> contract employment provided for in this Agreement. <br /> 10.2 In the event that this Agreement is terminated by either the CITY or the <br /> CONSULTING ENGINEER, or either the City Engineer or Assistant City Engineer resigns, <br /> CONSULTING ENGINEER, City Engineer, and Assistant City Engineer, as applicable, shall only <br /> be entitled to be compensated for any BASIC SERVICES, ADDITIONAL SERVICES, and/or <br /> Other Engineering Services, as defined by Section 2.3,performed to the date of termination. Such <br /> compensation shall be based on the provisions set forth herein, if possible. For any services <br /> rendered to which these provisions do not apply,payment shall be based upon a per diem rate for <br /> the actual time spent rendering the services, computed by using the average rate for such services <br /> rendered by other comparable firms in Cuyahoga County, Ohio. <br /> 9 <br />