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With courtesy copy to: Public Works Agency — Maintenance Services <br />Division <br />Danell Mercado, Projects Manager <br />220 S Daisy <br />Santa Ana, CA 92703 <br />To Contractor: <br />H. 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 <br />provisions of this agreement in the manner required, or if contractor <br />violates any provision of this agreement, contractor shall be deemed in <br />default. City shall provide written notice of such default to contractor's <br />project manager. Contractor shall cure said default within a period of two <br />(2) working days. If such cure is not completed in a timely manner, City <br />may assess liquidated damages or terminate the agreement forthwith by <br />giving written notice to contractor's project manager. City may, in addition <br />to the other remedies provided in this agreement or authorized by law, <br />terminate this agreement by giving written notice of termination. <br />Contractor shall be responsible for all costs incurred by City, including <br />replacement costs of equipment and labor required to provide service <br />during contractor's default. In the event of such termination for cause, <br />City shall pay contractor that portion of compensation specified in the <br />agreement that is earned and unpaid prior to the effective date of <br />termination. Contractor shall not be entitled to any compensation for lost <br />profits it terminated for cause. <br />2. This agreement may be terminated without cause by City upon thirty (30) <br />days written notice delivered to the contractor either personally or by mail. <br />Upon termination, City shall pay to contractor that portion of <br />compensation specified in the agreement that is earned and unpaid prior <br />to the effective date of termination. <br />3. In addition to, or in lieu of, remedies provided in this agreement or <br />pursuant to law, City shall have the right to withhold all or a portion of <br />contractor's compensation for contract services if, in the judgment of the <br />projects manager or designee, the level of service falls below appropriate <br />standards and /or contractor fails to satisfactorily perform contract <br />services. City shall have the right to retain funds withheld until the <br />projects manager or designee determines that contract services are <br />performed as well and as frequently as required by this agreement. <br />City of Santa Ana Street Tree Maintenance RFP <br />19E -68 Page 65 <br />