5 STAR ELEVATOR SERVICE INC. -2013

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Fax 714- 279 -8703 H. TERMINATION The City reserves the right to terminate the Agreement as follows: In the event Contractor fails or refuses to timely perform any of the provisions of this agreement in the manner required, or if Contractor violates any provision of this agreement, Contractor shall be deemed in default. City shall provide written notice of such default to Contractor's project manager. Contractor shall cure said default within a period of two (2) working days. If such cure is not completed in a timely manner, City may terminate the agreement forthwith by giving written notice to Contractor's project manager. City may, in addition to the other remedies provided in this agreement or authorized by law, terminate this agreement by giving written notice of termination. Contractor shall be responsible for all costs incurred by City, including replacement costs of equipment and labor required to provide service during Contractor's default. In the event of such termination for cause, City shall pay Contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. Contractor shall not be entitled to any compensation for lost profits it terminated for cause. 2. This agreement may be terminated without cause by City upon thirty (30) days written notice delivered to the Contractor either personally or by mail. Upon termination, City shall pay to Contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. 3. In addition to, or in lieu of, remedies provided in this agreement or pursuant to law, City shall have the right to withhold all or a portion of Contractor's compensation for Agreement services if, in the judgment of the projects manager or designee, the level of service falls below appropriate standards and /or Contractor fails to satisfactorily perform Agreement services. City shall have the right to retain funds withheld until the projects manager or designee determines that Agreement services are performed as well and as frequently as required by this agreement. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS 1. Contractor shall perform all requirements under this Agreement in strict observance of and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. 2. Contractor warrants that the performance of services under this Agreement shall be compliant with the current Federal, State and local requirements, and as it may be amended or updated throughout the term of this Agreement. Contractor certifies that, in addition to any requirements set forth in the Scope of Work, it will comply with the following regulations, as required by HUD: