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restrictions; strikes, freight embargoes or delays in transportation; to the extent <br />that they are not caused by the party's willful or negligent acts or omissions and <br />to the extent that they are beyond the party's reasonable control. <br />§405. Breach <br />Except for excusable delays, if any party fails to perform, in whole or in part, any <br />promise, covenant, or agreement set forth herein, or should any representation <br />made by it be untrue, any aggrieved party may avail itself or all rights and <br />remedies, at law or equity, in the courts or law. Said rights and remedies are <br />cumulative of those provided for herein except that in no event shall any party <br />recover more than once, suffer a penalty or forfeiture, or be unjustly <br />compensated <br />Contractual/Legal Remedies for Breach of Contract-Should SUB-RECIPIENT <br />fail for any reason to comply with the contractual obligations of this Agreement <br />and/or willfully, knowingly, or negligently breach any term, condition or <br />requirement of the Agreement, City may impose sanctions including but not <br />limited to damages (liquidated damages and or penalties) and/or any other <br />remedy available pursuant to the Agreement or the laws then in effect. <br />§406. Prohibition Aqainst Assiqnment or Deleqation <br />SUB-RECIPIENT may not, unless it has first obtained the written permission of <br />the CITY: <br />A. Assign or otherwise alienate any of its rights hereunder, including the right <br />to payment; or <br />B. Delegate, subcontract, or otherwise transfer any of its duties hereunder. <br />§407. Permits <br />SUB-RECIPIENT and its officers, agents and employees shall obtain and <br />maintain all permits and licenses necessary for SUB-RECIPIENT performance <br />hereunder and shall pay any Fees required therefore. SUB-RECIPIENT further <br />certifies to immediately notify the CITY of any suspension, termination, lapses, <br />non-renewals or restrictions of licenses, certificates, or other documents. <br />§408. Bonds <br />SUB-RECIPIENT must purchase a performance bond for any equipment item <br />over $250,000 or any vehicle (including aircraft or watercraft) financed with <br />homeland security funds. SUB-RECIPIENT must provide a copy of performance <br />bond to CITY no later than the time or reimbursement. <br />§409. Indemnification <br />To the fullest extent of the law, SUB-RECIPIENT agrees to indemnify, defend, <br />and hold harmless the City of Anaheim, its officers, agents, employees, <br />11