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pursuant to this section. The right of the City to enter <br /> upon and use facilities and equipment as specified herein <br /> shall extend for a period of ninety (90) days. <br /> 11. Default <br /> (a) Except as provided in paragraph (b) , in the event <br /> that any party hereto shall be in default of any term, <br /> condition or covenant hereunder, the nondefaulting party may <br /> give written notice of same to the designated agent of the <br /> other. The defaulting party shall have a reasonable period <br /> within which to cure or remedy same. Upon the failure of <br /> either party to so cure or remedy within said period, the <br /> nondefaulting party may cancel the contract. Upon such <br /> cancellation all obligations of the parties under this <br /> Contract shall cease except as provided in this section and <br /> section 12. Contractor' s failure to perform by reason of <br /> an employee' s strike or similar labor dispute shall not be <br /> deemed a default entitling the City to cancel this contract. <br /> (b) In the event Contractor claims default by City in <br /> the payment of any money due or alleged to be due to Con- <br /> tractor pursuant to this Contract, Contractor shall not be <br /> entitled to cancel this Contract if the City, within seven <br /> (7) days after receipt of notice of the claimed default <br /> deposits the amount in controversy into an interest bearing <br /> account in a commercial bank or lending institution and <br /> maintains such deposit until such time as a final judicial <br /> decision or agreement between the parties determines the <br /> rightful disposition of the said amount in controversy; <br /> provided that Contractor shall be deemed to have waived all <br /> claims to the said amount if no agreement is reached nor any <br /> legal proceedings initiated within ninety (90) days of the <br /> Contractor' s service of notice of default on the City. <br /> 12. Use by City of Contractor' s Equipment <br /> Upon cancellation of the Contract by either <br /> party for any reason prior to the end of the period specified <br /> herein as the term of the Contract, the City shall have the <br /> exclusive right to rent or lease and operate any or all <br /> -9- <br />