CENTRAL PARKING SYSTEM, INC. (PARKING GARAGES -2013)

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and alteration of the Parking Facilities, reasonable attorney's fees, expert witness costs, and any other reasonable costs; and (b) Any other amount, which the City may by law hereafter be permitted to recover from the Operator to compensate the City for the detriment caused by the Operator. The Operator shall construe no delay or omission of the City to exercise any right or remedy as a waiver of such right or remedy or any default hereunder. The acceptance by the City of any sums hereunder due shall not be (i) a waiver of any preceding beach or default by the Operator of any provision thereof, other than the failure of the Operator to pay the particular sum accepted, regardless of the City's knowledge of such preceding beach or default at the time of acceptance.of such sum, or (ii) waiver of the City's right to exercise any remedy available to the City by virtue of such breach or default. No act or thing done by the City or the City's agents during the term of this Agreement shall be deemed an acceptance of the surrender of the Parking Facilities, and no agreement to accept a surrender shall be valid unless in writing and signed by the City. B. Termination Without Cause. The City reserves the right, at any time during the term of this Agreement, at the sole discretion of the City, to terminate this Agreement without cause; provided, however, that if any such termination is to be effected, the City shall give the Operator written notice thereof not less than one hundred twenty (120) days prior to the effective date of such termination. C. Consequences of Termination, hr the event of termination, Operator shall deliver to City copies of all reports, documents, City -owned equipment and materials within ten (10) days after termination. Upon receipt thereof, City shall pay Operator for all services performed and reimbursable expenses incurred to the date of termination. 29. LIQUIDATED DAMAGES THE PARTIES HERETO AGREE THAT IT WOULD BE IMPRACTICAL AND EXTREMEMLY DIFFICULT TO DETERMINE THE ACTUAL DAMAGE TO THE CITY IF OPERATOR WERE TO TERMINATE THIS AGREEMENT PRIOR TO EXPIRATION OR OTHERWISE BREACH. IN ADDITION TO THE SERVICES PROVIDED, CITY EXPECTS TO RECEIVE OTHER BENEFIT FROM OPERATOR'S SERVICES. THE PARTIES MUTUALLY AGREE THAT THE TERMS SET FORTH IN THIS SECTION ARE ACCEPTABLE TO EACH PARTY AND ARE A REASONABLE ESTIMATE OF CITY'S LOSS IF OPERATOR FAILS TO COMPLETE SERVICES IN ACCORDANCE WITH THE SCHEDULE OF PERFORMANCE. BY SIGNING THIS BELOW, CITY AND OPERATOR ACKNOWLEDGE THAT THE INCENTIVE AMOUNTS SET FORTH BELOW HAVE BEEEN 27