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12
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<br />default shall be communicated by giving Contractor a written notice of termination in the
<br />manner specified in this Agreement. Any notice of termination given to Contractor by City
<br />shall be effective immediately, unless otherwise provided therein. Upon completion of the
<br />Work by the City, Contractor shall be entitled to payment for the Work performed and unpaid
<br />as of the date of termination.
<br />
<br />18.3.3 Invoke the Performance Bond. City may, with or without terminating the
<br />Agreement and reserving to itself all rights to losses related thereto, exercise its rights under
<br />the Performance Bond.
<br />
<br />18.4 Additional Provisions. All rights and remedies under this Agreement are
<br />cumulative, and shall be in addition to those rights and remedies available in law or in equity,
<br />except as expressly set forth herein.
<br />18.5 WAIVER OF CONSEQUENTIAL DAMAGES. EXCEPT AS EXPRESSLY
<br />PROVIDED IN THIS AGREEMENT, NEITHER PARTY WILL BE LIABLE TO THE OTHER
<br />FOR ANY SPECIAL, EXEMPLARY, INCIDENTAL, INDIRECT, PUNITIVE, OR
<br />CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, REVENUE, AND
<br />BUSINESS), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING
<br />NEGLIGENCE), STATUTE, EQUITY, PRODUCT LIABILITY, FUNDAMENTAL BREACH,
<br />OR OTHERWISE ARISING FROM OR RELATED TO THIS AGREEMENT REGARDLESS
<br />OF WHETHER EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY
<br />SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, THIS SECTION SHALL
<br />NOT LIMIT CONTRACTOR’S OBLIGATION TO INDEMNIFY CITY AS PROVIDED IN
<br />SECTION 12.
<br />
<br />18.6 LIMITATION OF LIABILITY. CITY HEREBY EXPRESSLY AGREES THAT
<br />IN NO EVENT SHALL CONTRACTOR’S CUMULATIVE LIABILITY TO CITY ARISING
<br />FROM THE WORK (WHETHER SUCH LIABILITY ARISES OUT OF BREACH OF
<br />CONTRACT, GUARANTEE OR WARRANTY, NEGLIGENCE, PRODUCT LIABILITY,
<br />INDEMNITY, OR ANY OTHER LEGAL THEORY) EXCEED AN AMOUNT EQUAL TO
<br />THE CONTRACT PRICE. THIS LIMITATION OF LIABILITY IS INDEPENDENT FROM
<br />ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY
<br />NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN. THIS
<br />LIMITATION OF LIABILITY IS OF THE ESSENCE OF THIS AGREEMENT, AND CITY
<br />HAS BEEN INFORMED, UNDERSTANDS, AND AGREES THAT THIS LIMITATION OF
<br />LIABILITY IS A MATERIAL CONDITION TO CONTRACTOR’S PRICING FOR, AND
<br />AGREEMENT TO ASSUME, ITS OBLIGATIONS UNDER THIS AGREEMENT
<br />
<br />19. NONDISCRIMINATION
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<br />Contractor shall not discriminate because of race, color, creed, religion, sex, marital
<br />status, sexual orientation, age, national origin, ancestry, or disability, as defined and
<br />prohibited by applicable law, in the recruitment, selection, training, utilization, promotion,
<br />termination or other employment related activities. Contractor affirms that it is an equal
<br />opportunity employer and shall comply with all applicable federal, state and local laws and
<br />regulations.
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