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<br />(e) If DONOR fails to ship ZOOKEYS to Zoo as required <br />by section 4.4 of this Agreement and has not cured such failure <br />within thirty (30) days after ZOO has given written notice there- <br />of to DONOR. <br /> <br />~ REMEDIES upon the occurrence of any DONOR's Breach, <br />ZOO may, in its sole discretion, do any of the following: <br /> <br />(a) Terminate this Agreement and return to DONOR by <br />freight collect all DONOR components for which DONOR has retained <br />ti tle as set forth in section 2.1 (f) of this Agreement. and <br />receive full reimbursement from DONOR for any remaining unsold <br />current year ZOOKEYS also returned by ZOO to DONOR. <br /> <br />(b) continue to operate the system until the ZOO <br />stock of ZOOKEYS is depleted and maintain the system to the <br />conclusion of this Agreement, after which return to DONOR by <br />freight collect all DONOR components as set forth in section 2.1 <br />(f) of this Agreement. <br /> <br />U.. TERMINATION Q!:: AGREEMENT I!X. DONOR: REMEDIES. <br /> <br />~ ZOO'S BREACH. <br /> <br />ZOO will be in breach ("ZOO's Breach") of this Agreement and <br />DONOR may terminate this Agreement upon occurrence of any of the <br />following: <br />(a) If ZOO refuses to accept any shipment of ZOOKEYS <br />sent by DONOR, balance of order C.O.D., after receipt by DONOR of <br />a valid purchase order and initial payment from ZOO to produce <br />such items, provided such shipment is not overdue at the time of <br />delivery by more than thirty (30) days and meets the specifica- <br />tions of the item. <br /> <br />(b) If ZOO fails to maintain the system in workable <br />condition for a period of thirty (30) days after DONOR has given <br />written notice to ZOO of such failure. Workable condition re- <br />quires that at least 80 percent of the installed UNITS are in <br />working order at all times the ZOO is open to the public. <br /> <br />(c) If ZOO fails to order from DONOR a number of ZOo- <br />KEYS for each twelve (12) month period commencing from the date <br />of this Agreement equal to at least two and a half percent (2.5%) <br />of the actual counted attendance of ZOO for the preceding twelve <br />month period and has not cured such failure wi thin thirty (30) <br />days after DONOR has given written notice thereof to ZOO. <br /> <br />(d) Failure of ZOO to inform DONOR of the current <br />selling price(s) of the ZOOKEYS and any change of such price(s). <br /> <br />~ DONOR'S REMEDIES. Upon the occurrence of any ZOO's Breach, <br />DONOR may, in its sole discretion terminate this Agreement and <br />remove all DONOR owned equipment from ZOO's premises without any <br />credit to ZOO for unsold ZOOKEYS on hand. ZOO shall allow DONOR <br />. . - <br /> <br />-... ..L..L _ .......,.-rn.... __..:I .......... 4-h""" '7nn C!t-nrA(1p <br />