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19. Failure to manage and resolve citizen complaints to the satisfaction <br />of the CITY OF SANTA ANA or OCFA. <br />20. Failure to meet the on-time performance criteria as required in the <br />RFP. <br />21. The breach or default of, or a failure to comply with, any material <br />provision of this Agreement, any material provision of the RFP, or of any <br />covenant specifically contained herein or incorporated by reference. <br />B. Right to Cure. In the event of any dispute arising under this Agreement, the <br />injured Party shall notify the injuring Party in writing of its contentions by <br />submitting a claim therefore. The injured Party shall continue performing its <br />obligations hereunder so long as the injuring Party cures any default within thirty <br />(30) days after service of the notice; provided, however, if a breach of this <br />Agreement creates an immediate danger to the health and safety or general <br />welfare to the CITY OF SANTA ANA, in the reasonable discretion of the Fire <br />Chief or designee, may take immediate action to remedy the breach itself and/or <br />terminate this Agreement. <br />Notwithstanding the preceding, if the Fire Chief or designee finds that <br />CONTRACTOR is diligently proceeding with all steps necessary to cure such <br />default, the Fire Chief or designee in conjunction with the CITY OF SANTA ANA <br />may, in his sole discretion, extend the time period by which CONTRACTOR must <br />cure such deficiencies, including the effective date of such termination. <br />C. Waiver. No waiver of any Event of Breach or Default shall be valid or effective <br />unless in writing and signed by CITY OF SANTA ANA. Any waiver of any one Event of <br />Default or Breach shall not constitute, or be construed as creating, a waiver of any other <br />Event of Default or Breach. <br />D. Action Following Termination. Should this Agreement be terminated for <br />breach, CONTRACTOR agrees that CITY OF SANTA ANA and/or OCFA, in their <br />discretion, may take immediate possession of any CITY OF SANTA ANA or OCFA <br />materials, equipment, and supplies CONTRACTOR may have used in the performance <br />of the 9-1-1 Emergency Transportation Services. Notwithstanding the above, should this <br />Agreement be terminated for breach, CITY OF SANTA ANA or OCFA shall have the <br />option to take over the delivery of the 9-1-1 Emergency Transportation Services itself, <br />using CITY OF SANTA ANA personnel or contractors; contracted on a temporary <br />emergency basis with other providers of emergency transport ambulance services; seek <br />new proposals for service; or such other option as may be deemed necessary and <br />legally available to CITY OF SANTA ANA. <br />9 <br />