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compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: As a condition of such payment the City may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. ii. Payment need not be made for work which fails to meet the standard of performance specified in this Agreement. b. Termination for Default In the event either party commits a material breach of this Agreement and fails to cure such breach within thirty (30) days after receiving written notice thereof, the other party may terminate this Agreement immediately upon written notice 16. REMEDIES FOR DEFAULT City acknowledges that the Equipment is specially delivered and installed by PURETEC at the property of City. City further acknowledges that the pricing under this Agreement was provided with the understanding that the City will complete the initial term and any renewal term. The parties further acknowledge that the amount of loss or damages likely to be incurred by PURETEC in the event of breach by the City is incapable or difficult to ascertain. 17. ATTORNEY'S PEES The prevailing party in my legal action arising out of this Agreement shall be entitled to recover its reasonable attorneys' fees, costs, and expenses (including expert witness fees) from the other party. 18. FORCE MAJEURE If the performance of this Agreement or any obligation hereunder is prevented or restricted by reason of fire, work stoppage, war, governmental action, natural disaster, or other causes beyond the reasonable control of PURETEC, PURETEC, upon giving written notice to City, shall be excused from performance to the extent of such prevention or restriction. 19. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.