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3. If, for any reason, the Consultant is unable to fulfill the obligations under the contract in a timely and <br />proper manner, the City reserves the right to terminate the contract by written notice. In this event, the <br />firm shall be entitled to just and equitable compensation for any satisfactory work completed to that point at <br />the discretion of the Parks and Recreation Director. <br />4. The Consultant shall not assign or transfer any interest in the contract without prior written consent of the <br />City. <br />5. The Consultant shall maintain comprehensive general liability insurance in accordance with Section 466.04 <br />of the Minnesota Statutes. <br />6. The Consultant shall defend, indemnify and hold harmless the City of Elk River, its officials, employees and <br />agents, from any and all claims, causes of action, lawsuits, damages, losses or expenses, including attorney <br />fees, arising out of or resulting from the Consultant's (including its officials, agents, subconsultants or <br />employees) performance of the duties required under the contract, provided that any such claim, damages, <br />loss or expense is attributable to bodily injury, sickness, diseases or death or injury to or destruction of <br />property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act <br />or omission or willful misconduct of Consultant. <br />7. The Consultant contract shall be governed by the laws of the State of Minnesota. <br />8. Project summaries shall be submitted with each invoice during the course of the project. Each summary <br />shall detail the amount billed to date, outstanding work items with costs to completion, and timelines. <br />Invoices submitted to the City shall include a detailed breakdown of all chargeable items for that period. <br />Section 6 Appendix <br />Orono Park Master Park Plan Concept (1) <br />Standard Professional Services Agreement <br />