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(e) Based on the evidence presented at the public hearing, <br /> the City Council shall determine by Resolution whether this <br /> Agreement should be terminated. If, based upon the record, the <br /> City Council determines that the performance of CONTRACTOR is in <br /> breach of any material term of this Agreement or any material <br /> provision of any applicable Federal, State, or local statute or <br /> regulation, the City Council, in the exercise of its sole <br /> discretion, may terminate forthwith the Agreement. The decision of <br /> the City Council shall be final and conclusive. CONTRACTOR' s <br /> performance under the Agreement is not excused during the period of <br /> time prior to the City Council ' s final determination as to whether <br /> such performance is deficient. <br /> (f) The rights of termination or imposition of liquidated <br /> damages, as set forth in Section 33 hereof, are in addition to any <br /> other rights of CITY upon a failure of CONTRACTOR to perform its <br /> obligations under this Agreement. The CITY further reserves the <br /> right to terminate CONTRACTOR' s Agreement or impose liquidated <br /> damages in the event of any of the following: <br /> (1) If the CONTRACTOR practices, or attempts to <br /> practice, any fraud upon the CITY; <br /> (2) If the CONTRACTOR becomes insolvent, unable, or <br /> unwilling to pay its debts, or upon listing of an order for relief <br /> in favor of CONTRACTOR in a bankruptcy proceeding; <br /> (3) If the CONTRACTOR fails to provide or maintain in <br /> full force and effect the workers' compensation, liability or <br /> indemnification coverage as required by this Agreement; <br /> (4) If the CONTRACTOR willfully violates any orders or <br /> rulings of any regulatory body having jurisdiction over the <br /> CONTRACTOR relative to this Agreement, provided that the CONTRACTOR <br /> may contest any such orders or rulings by appropriate proceedings <br /> conducted in good faith, in which case no breach of this Agreement <br /> shall be deemed to have occurred; <br /> (5) If the CONTRACTOR willfully fails to make any <br /> payments required under the Agreement and/or refuses to provide the <br /> CITY with required information and/or reports in a timely manner as <br /> provided in this Agreement; or, <br /> (6) Any other act or omission by the CONTRACTOR which <br /> materially violates the terms, conditions, or requirements of this <br /> Agreement, CIWMA, as it may be amended from time to time, or any <br /> order, directive, rule, or regulation issued thereunder and which <br /> is not corrected or remedied within the time set in the written <br /> notice of the violation. <br /> (g) In addition to the remedies set forth herein, the CITY <br /> shall have the right to obtain damages and/or injunctive relief. <br /> Both parties recognize and agree that in the event of a breach <br /> under the terms of this Agreement by CONTRACTOR, the CITY may <br /> suffer irreparable injury and incalculable damages sufficient to <br /> support injunctive relief, to enforce the provisions of this <br /> Agreement and to enjoin the breach thereof. <br /> 29 <br />