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which allegedly gave rise to the breach. City shall notify Contractor of the time and <br />date said hearing shall be held within thirty (30) days of receipt of Contractor's request. <br />Contractor shall present its position and all relevant facts after City staff has made its <br />presentation. Contractor shall be notified of City's ruling in writing within fourteen (14) <br />days of the administrative hearing. The City's administrative ruling shall be final. <br />Contractor understands and agrees that if it fails to timely and properly exhaust the <br />administrative remedies set forth in this Section, it has no right of action or other claim <br />against the City for breach of this Agreement or otherwise. <br />11.7 Assurance of Performance <br />City may, at its option and in addition to all other remedies it may have, demand from <br />Contractor reasonable assurances of timely and proper performance of this Agreement, <br />in such form and substance as City may require. If Contractor fails or refuses to <br />provide satisfactory assurances of timely and proper performance in the form and by <br />the date required by City, such failure or refusal shall be an event of default. <br />11.8. Contractor's Claim of Default by City. <br />If Contractor claims default by the City in the payment of any money due or alleged to <br />be due to Contractor pursuant to this Agreement, Contractor shall not be entitled to <br />cancel this Agreement if the City, within fifteen (15) days after receipt of notice of the <br />claimed default, deposits the amount in controversy into an interest bearing account in <br />a commercial bank or lending institution and maintains such deposit until such time as <br />a final judicial decision of agreement between the parties determines the rightful <br />disposition of the said amount in controversy; provided that Contractor shall be <br />deemed to have waived all claims to the said amount if no agreement is reached nor <br />any legal proceeding initiated within one (1) year of the Contractor's service of written <br />notice of default on the City. <br />August 17, 2021 162 City of Santa Ana <br />