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3. Impose conditions on a finding of default and a time for cure, such that Contractor's <br />fulfillment of said conditions will waive or cure any default. <br />This right of termination is in addition to any other rights of City upon a failure of <br />Contractor to perform its obligations under this Agreement. <br />City's right to terminate this Agreement and to take possession of Contractor's facility <br />are not exclusive, and City's termination of this Agreement shall not constitute an <br />election of remedies. Instead, they shall be in addition to any and all other legal and <br />equitable rights and remedies which City may have, including without limitation the <br />provision for Liquidated Damages in Section 11.4 below. <br />By virtue of the nature of this Agreement, the urgency of timely continuous and high - <br />quality service, the time required to effect alternative service, and the rights granted by <br />City to Contractor, the remedy of money damages for a breach hereof by Contractor is <br />inadequate and City shall be entitled to injunctive relief. <br />11.4 Liquidated Damages <br />A. General. City finds, and Contractor agrees, that as of the time of the <br />execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain <br />the extent of damages which shall be incurred by City as a result of a breach by <br />Contractor of certain specific obligations under this Agreement. The factors relating to <br />the impracticability of ascertaining damages include, but are not limited to, the fact that: <br />(i) substantial damage results to members of the public who are denied services or <br />denied quality or reliable service; (ii) such breaches cause inconvenience, anxiety, <br />frustration, and deprivation of the benefits of the Agreement to individual members of <br />the general public for whose benefit this Agreement exists, in subjective ways and in <br />varying degrees of intensity which are incapable of measurement in precise monetary <br />terms; (iii) that the services that are the subject of this Agreement might be available at <br />substantially lower costs than alternative services and the monetary loss resulting from <br />denial of services or denial of quality or reliable services is impossible to calculate in <br />precise monetary terms; and (iv) the termination of this Agreement for such specific <br />breaches, and other remedies are, at best, a means of future correction and not remedies <br />which make the public whole for past breaches. <br />B. Service Performance Standards; Liquidated Damages for Failure to <br />Meet Standards. The parties further acknowledge that consistent, reliable Solid Waste <br />March 9, 2020 60 12�113 City of Santa Ana - DRAFT <br />