MADISON MATERIALS 1 - 2005 - Laserfiche WebLink

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(3) If the CONTRACTOR fails to provide or maintain any msurance requirements in this agreement (4) If the CONTRACTOR willfully violates any orders or rulings of any regulatory body having jurisdiction over the CONTRACTOR relative to this agreement, provided that the CONTRACTOR may contest such orders or rulings by appropriate proceedings conducted in good faith, in which case, no breach of this agreement shall have occurred; (5) If CONTRACTOR willfully fails to make any payments required under this agreement and/or refuses to provide the City with required information and/or reports in a timely manner as provided in this agreement; or, Any other act or omission by the CONTRACTOR which materially violates the terms, conditions, or requirements of this Agreement, CIWMA, as it may be amended from time to time, or any order, directive or rule, or regulation. e. CONTRACTOR expressly agrees and acknowledges that it is the intent of both parties that in the event that the City or any third party fails to perform any obligation created by this Agreement or if CONTRACTOR elects to terminate this Agreement pursuant to Section 13 (c), as applicable, CONTRACTOR'S sole remedy and City's sole liability, shall be to terminate this Agreement by delivering written notice of termination to City. In the event of such termination and cancellation by CONTRACTOR, this Agreement shall terminate and the parties hereto shall have no further rights, obligations, or liabilities hereunder. CONTRACTOR expressly agrees and acknowledges that no extrinsic evidence may be offered in any proceeding regarding the interpretation of this clause. CITY SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER WHETHER SUCH DAMAGES BE PREDICATED UPON AN ALLEGED BREACH OF THIS AGREEMENT, NEGLIGENCE BY THE CITY, 11