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Notwithstanding the foregoing, if Contractor fails or refuses to obtain such coverage as the Entity <br />requires, the Entity's sole remedy for Contractor's failure or refusal shall be terminate this Agreement <br />with no right to monetary damages, and Entity shall pay Contractor for services performed by it prior to <br />termination. <br />TERMINATION <br />This Contract may be terminated by either party the Gity upon thirty (30) days written notice of <br />termination to the non -terminating party. In such event, Contractor shall be entitled to receive and the <br />City shall pay Consultant compensation for all services performed by Contractor prior to receipt of such <br />notice of termination, subject to the following conditions: <br />a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all <br />work product(s) completed as of such date, and in such case such work product shall be the property of <br />the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as <br />the City deems appropriate. <br />b. Payment need not be made for work which fails to meet the standard of performance specified in the <br />Recitals of this Agreement. <br />Please refer to Exhibit C for a sample of our Terms of Engagement. <br />Holland & Knight Confidential Presentation for City of Santa Ana 19 <br />