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Contractor has committed the same or similar breach within a twenty-four (24) month <br />period. It is expressly understood that Contractor is not entitled to receive notice of <br />default, or to cure such default, with respect to those matters listed in subsections A, B, <br />C, D, I, J, N, O, P, Q, and R above. <br />For other actions not listed above, or included in 11.2 below, City will provide <br />Contractor with a written notice setting forth the nature of the breach or failure and the <br />actions, if any, required by Contractor to cure such a breach or failure. Contractor shall <br />be deemed in default where: (1) breach or failure can be cured but Contractor fails to <br />cure within thirty (30) days unless an alternative period of time is agreed to by the <br />Parties. <br />11.2 Criminal Activity of Contractor <br />Should the Contractor or any of its officers, directors or employees be found guilty of <br />felonious conduct related to the performance of this Contract, or of felonious conduct <br />related to anti-trust activities, illegal transport or Disposal of hazardous or toxic <br />materials, or bribery of public officials, the City reserves the right to unilaterally <br />terminate this Contract or impose other such sanctions (which may include financial <br />sanctions, temporary suspensions or any other condition deemed appropriate short of <br />termination) as it shall deem proper. Such action shall be taken after Contractor has <br />been given notice and opportunity to present evidence in mitigation. The term "found <br />guilty" shall be deemed to include any judicial determination that Contractor or any of <br />Contractor's officers, directors or employees is guilty and any admission of guilt by <br />Contractor or any of Contractor's officers, directors or employees including, but not <br />limited to, the plea of "guilty", "nolo contendere", "no contest", and "guilty to a lesser <br />charge" entered as part of any plea bargain. <br />11.3 Notice, Hearing and Appeal of Contractor Breach; <br />Upon a default by Contractor, City may, at its discretion, provide Contractor with a <br />written notice of intent to terminate this Agreement that includes the following: <br />a. A description of the evidence upon which the decision to terminate is based <br />b. That Contractor has a right to a hearing prior to the City's termination of the <br />Agreement <br />August 17, 2021 152 City of Santa Ana <br />