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time of acceptance of such sum, or (ii) waiver of the City's right to exercise any remedy <br />available to the City by virtue of such breach or default. No act or thing done by the City or <br />the City's agents during the term of this Agreement shall be deemed an acceptance of the <br />surrender of the Parking Facilities, and no agreement to accept a surrender shall be valid <br />unless in writing and signed by the City. <br />B. Termination Without Cause. The City reserves the right, at any time <br />during the term of this Agreement, at the sole discretion of the City, to terminate this Agreement <br />without cause; provided, however, that if any such termination is to be effected, the City shall <br />give the Operator written notice thereof not less than one hundred twenty (120) days prior to the <br />effective date of such termination. <br />C. Consequences of Termination. In the event of termination, Operator shall deliver <br />to City copies of all reports, documents, City-owned equipment and materials within ten (10) <br />days after termination. Upon receipt thereof, City shall pay Operator for all services performed <br />and reimbursable expenses incurred to the date of termination. <br />29. LIQUIDATED DAMAGES <br />THE PARTIES HERETO AGREE THAT IT WOULD BE IMPRACTICAL AND <br />EXTREMELY DIFFICULT TO DETERMINE THE ACTUAL DAMAGE TO THE <br />CITY IF OPERATOR WERE TO TERMINATE THIS AGREEMENT PRIOR TO <br />EXPIRATION OR OTHERWISE BREACH. IN ADDITION TO THE SERVICES <br />PROVIDED, CITY EXPECTS TO RECEIVE OTHER BENEFIT FROM OPERATOR'S <br />SERVICES. THE PARTIES MUTUALLY AGREE THAT THE TERMS SET FORTH <br />IN THIS SECTION ARE ACCEPTABLE TO EACH PARTY AND ARE A <br />REASONABLE ESTIMATE OF CITY'S LOSS IF OPERATOR FAILS TO <br />COMPLETE SERVICES IN ACCORDANCE WITH THE SCHEDULE OF <br />PERFORMANCE. <br />BY SIGNING THIS BELOW, CITY AND OPERATOR ACKNOWLEDGE THAT THE <br />INCENTIVE AMOUNTS SET FORTH BELOW HAVE BEEN AGREED UPON AS <br />THE PARTIES' REASONABLE ESTIMATE OF CITY'S DAMAGES. <br />"CITY" "OPERATOR" <br />By: <br />By: <br />a. Failure to make daily deposits of all receipts, for each day, or portion thereof, that <br />deposit is delayed beyond the deposit deadline. (The only exception shall be for Acts of God, <br />such as earthquakes, in which delay is beyond the Operator's control.) One Hundred Dollars <br />($100) a day for each failure to perform. <br />25 <br />25D-29