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<br /> <br /> <br /> <br /> <br /> <br /> <br /> G. TERMINATION <br /> <br /> The City reserves the right to terminate the contract as follows: <br /> <br /> 1. In the event contractor fails or refuses to timely perform any of the <br /> provisions of this agreement in the manner required, or if contractor <br /> violates any provision of this agreement, contractor shall be deemed in <br /> default. City shall provide written notice of such default to contractor's <br /> project manager. Contractor shall cure said default within a period of two <br /> (2) working days. If such cure is not completed in a timely manner, City <br /> may assess liquidated damages or terminate the agreement forthwith by <br /> giving written notice to contractor's project manager. City may, in addition <br /> to the other remedies provided in this agreement or authorized by law, <br /> terminate this agreement by giving written notice of termination. <br /> Contractor shall be responsible for all costs incurred by City, including <br /> replacement costs of equipment and labor required to provide service <br /> during contractor's default. In the event of such termination for cause, <br /> City shall pay contractor that portion of compensation specified in the <br /> agreement that is earned and unpaid prior to the effective date of <br /> termination. Contractor shall not be entitled to any compensation for lost <br /> profits it terminated for cause. <br /> 2. This agreement may be terminated without cause by City upon thirty (30) <br /> days written notice delivered to the contractor either personally or by mail. <br /> Upon termination, City shall pay to contractor that portion of <br /> compensation specified in the agreement that is earned and unpaid prior <br /> to the effective date of termination. <br /> 3. In addition to, or in lieu of, remedies provided in this agreement or <br /> pursuant to law, City shall have the right to withhold all or a portion of <br /> contractor's compensation for contract services if, in the judgment of the <br /> projects manager or designee, the level of service falls below appropriate <br /> standards and/or contractor fails to satisfactorily perform contract <br /> services. City shall have the right to retain funds withheld until the <br /> projects manager or designee determines that contract services are <br /> performed as well and as frequently as required by this agreement. <br /> H. CONTRACTOR OPTION FOR TERMINATION <br /> The contractor may request termination of the contract when conditions during <br /> the contract make it impossible to perform or when prevented from proceeding <br /> with the contract by act of God, by law or official action of a public authority or in <br /> the event on nonpayment by the City. Such request will require one-hundred <br /> eighty (180) days written notice prior to contract termination date requested. In <br /> the event of nonpayment of undisputed sums by the City, contractor shall give <br /> the City thirty (30) working days to cure the alleged breach. <br /> <br /> <br /> <br /> <br /> <br /> 20D-18 <br />