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