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6.4 The City warrants that it shall bear the sole cost and responsibility for all damage to the <br />equipment, other than ordinary wear and tear to the extent that such damage (a) is caused by the City <br />or its employees or agents; or (b) occurs prior to the expiration of the Service Period (except to the <br />extent that the damages is caused by the active negligence, recklessness, or willful misconduct of VPS or <br />its employees or agents, or by a malfunction in the equipment that is beyond the control of the City or <br />its employees or agents. If the Equipment is stolen or damaged by the City or its employees or agents <br />beyond repairthe City will pay for the Equipment at the cost to VPS to replace such Equipment. The City <br />shall not have Equipment repaired without prior written permission from VPS. <br />TERMINATION <br />7.1 The City may request removal of Equipment orterm! nate a Contract without cause by giving at <br />least one (1) week's prior written notice to VPS. Termination will take effect on proper receipt of such <br />notice by VPS, subject to the provisions of section 4.3. If the City fails to notify VPS as provided herein, <br />the Contract, at VPS option, will renew on the same basis as outlined on page 1 of this agreement, <br />"Duration of Rental" until cancelled by either party. <br />7.2 Either Party may terminate or cancel a Contract with cause with immediate effect by giving the <br />other Party notice in the following circumstances: (a) the other Party is in material breach (includes the <br />City's breach of any of its payment obligations) of its obligations under the Contract and either the <br />breach cannot be corrected (includes the City's breach of any of Its payment obligations) orthe Party in <br />breach fails to correct it within 10 Business Days after receipt of a written notice from the other Party <br />asking for the breach to be corrected; (b) a voluntary or involuntary bankruptcy petition is filed by or <br />against the other Party (including a petition for reorganization, extension of payment, composition or <br />adjustment of liabilities) and is not dismissed within 15 Business Days; (c) a receiver is appointed in <br />respect of the other Party; or (d) the other Party makes an assignment for the benefit of its creditors. <br />Notwithstanding anything to the contrary underthese Terms or any other Contract, should VPS <br />terminate or cancel any Contract, such termination or cancellation will discharge all existing obligations <br />of VPS under such contract but shall in no way discharge any of VPS's rights and remedies under any <br />Contract or otherwise available to it at law or in equity. <br />7.3 Where the City sells/disposes of its interest in a Site, such sale/disposition shall not terminate the <br />relevant Contract which shall remain in full force and effect until terminated under section 7.1 or 72 <br />7.4 If the City fails to observe or perform any of the Terms in this Contract, VPS may exercise any one <br />or more of the following remedies: (a) terminate this agreement and take possession of and remove the <br />Equipment from wherever located; (b) to declare the entire rent hereunder immediately due and <br />payable and pursue all legal remedies in connection with the payment thereof; and/or (c) pursue any <br />other remedies legally available to VPS. VPS and its agents will not be liable for any claims for damage or <br />trespass arising out of the removal of the Equipment. <br />8. EFFECTS OF EXIRATION/TERMINATION <br />