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10. A petition under any part of the federal bankruptcy laws, or an action <br />under any present or future solvency law or statute shall be filed against <br />the Operator and shall not be dismissed within thirty (30) days after the <br />filing thereof. <br />11. By or pursuant to, or under authority of any legislative act, resolution or <br />rule of any order or decree of any court, governmental board, agency or <br />officer having jurisdiction, a receiver, trustee, or liquidator shall take <br />possession or control of all or substantially all of the property of the <br />Operator and such possession or control shall continue in effect for a <br />period of thirty (30) days. <br />12. Cessation or deterioration of service for a period, which in the opinion of <br />the City, materially and adversely affects operation of the public service <br />required to be performed by the Operator under this Agreement. <br />13. Any lien is filed against the Parking Facilities because of any act or <br />omission of the Operator and is not removed within thirty (30) days. <br />14. The Operator shall voluntarily abandon, desert, vacate or discontinue its <br />operations of the business herein authorized in the Parking Facilities. <br />Notwithstanding any of the foregoing provisions of this Section, the City shall have the <br />absolute right to forthwith terminate and cancel this Agreement and take over the <br />operation of the Parking Facilities, either by itself or through another operator of its <br />choice, if Parking Facilities should become closed by reason of the Operator being unable <br />for any reason whatsoever, to maintain in its employ the personnel necessary to keep the <br />Parking Facilities open for public patronage, including, but not limited to, delays caused <br />by work stoppage. <br />In the event that the City shall so elect to terminate this Agreement, then the City may <br />recover from the Operator: <br />(a) Any amount necessary to compensate the City for the detriment proximately caused <br />by the Operator's failure to perform its obligations under this Agreement or which in <br />the ordinary course of business would be likely to result there from, including, but not <br />limited to, the cost of recovering possession of the Parking Facilities, including <br />necessary repair, renovation and alteration of the Parking Facilities, reasonable <br />attorney's fees, expert witness costs, and any other reasonable costs; and <br />(b) Any other amount, which the City may by law hereafter be permitted to recover from <br />the Operator to compensate the City for the detriment caused by the Operator. <br />The Operator shall construe no delay or omission of the City to exercise any right or remedy <br />as a waiver of such right or remedy or any default hereunder. The acceptance by the City of <br />any sums hereunder due shall not be (i) a waiver of any preceding beach or default by the <br />Operator of any provision thereof, other than the failure of the Operator to pay the particular <br />sum accepted, regardless of the City's knowledge of such preceding beach or default at the <br />24 <br />�MIIIIs,� <br />