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loss of data, or interruption or loss of use of service, even if advised of the possibility of such <br />damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. <br />8. PERFORMANCE BOND. In order to secure the performance of its obligations under <br />this Agreement, Licensee will provide the following security instrument to the Licensor: <br />8.1 Performance Bond. Prior to the commencement of any work under this <br />Agreement, Licensee must provide a performance bond running to the Licensor according to this <br />Section 8.1. The amount of the Bond shall be based on the number of attachments in the following <br />amounts: <br />Number of Municipal Facilities <br />Required Security <br />1-50 <br />$50,000 <br />51-100 <br />$75,000 <br />101-300 <br />$100,000 <br />301-1000 <br />$150,000 <br />Greater than 1000 <br />$200,000 <br />The performance bond is conditioned upon the faithful performance by Licensee of all the terms <br />and conditions of this Agreement and upon the further condition that if Licensee fails to comply <br />with any terms or conditions governing this Agreement, there shall be recoverable jointly and <br />severally from the principal and surety of the bond any damage or loss suffered by the Licensor as <br />a result, including the full amount of any compensation, indemnification, or costs of removal or <br />abandonment of Licensee's property, plus costs and reasonable attorneys' fees up to the full <br />amount of the performance bond. Licensee will keep the performance bond in place during the <br />term of this Agreement. This bond shall also fulfill the requirements of Section 33-240(c)(7) of <br />the Santa Ana Municipal Code or any similar successor code provision, but only as pertaining to <br />Licensee's Equipment on Municipal Facilities. <br />8.2 Assessment of the Bond. Upon Licensee's failure to pay the Licensor any amount <br />owing under this Agreement, the performance bond may be assessed by the Licensor for purposes <br />including, but not limited to: <br />(a) Reimbursement of costs borne by the Licensor to correct violations <br />of the Agreement not corrected by Licensee, after Licensor provides notice and a reasonable <br />opportunity to cure such violations. This shall include but not be limited to removal of Equipment. <br />(b) To provide monetary remedies or to satisfy damages assessed <br />against Licensee due to a material breach of this Agreement. <br />8.3 Restoration of the Bond. Licensee must deposit a sum of money or a replacement <br />instrument sufficient to restore the performance bond to its original amount within 30 days after <br />written notice from the Licensor that any amount has been recovered from the performance bond. <br />Failure to restore the bond to its full amount within thirty (30) days will constitute a material breach <br />of this Agreement. Licensee will be relieved of the foregoing requirement to replenish the bond <br />during the pendency of an appeal from the Licensoe's decision to draw on the performance bond. <br />Page 15 of 23 <br />