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282 D. The fights and remedies of CITY provided in this Termination paragraph shall not be <br />283 exclusive, and are in addition to any other fights and remedies provided by law or this <br />284 Agreement. <br />285 E. CITY may terminate this Agreement immediately, upon written notice, on the <br />286 occurrence of any of the following events: <br /> <br />287 1. The loss by CONTRACTOR of legal capacity. <br />288 2. Cessation of Services. <br />289 3. Delegation or Assignment of CONTRACTOR'S services operation without <br /> <br />290 written approval by CITY. <br />291 4. The neglect by any physician or licensed person employed by CONTRACTOR of <br />292 any duty required pursuant to this Agreement. <br />293 5. The loss of accreditation or any license required by the Licenses and Law <br />294 paragraph of this Agreement. <br />295 6. The continued incapacity of any physician or licensed person to perform duties <br />296 required pursuant to this Agreement. <br />297 7. Unethical conduct or malpractice by any physician or licensed person providing <br />298 services pursuant to this Agreement; provided, however, CITY may waive this option if <br />299 CONTRACTOR removes such physician or licensed person from serving of persons treated <br />300 pursuant to this Agreement. <br />301 <br /> <br />302 XVI. THIRD PARTY BENEFICIARy <br />303 Neither party hereto intends that this Agreement shall create fights hereunder in third parties, <br /> <br />304 including but not limited to any subcontractors or any clients provided services hereunder. <br /> <br />305 XVII. WAIVER OF DEFAULT <br />306 Waiver of any default by CONTRACTOR shall not be considered a waiver of any <br />307 subsequent default. Waiver of any breach by CONTRACTOR of any provision of this <br />308 Agreement shall not be considered a waiver of any subsequent breach. Waiver of any default or <br />309 any breach by CONTRACTOR shall not be considered a modification of the terms of this <br />310 Agreement. <br /> <br />10 <br /> <br /> <br />