R2014-52 ACCEPTING PROPOSAL OF MV TRANSPORTATION, INC. FOR TRANSIT SYSTEM MANAGEMENT

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B. If CONTRACTOR fails to perform in the manner called for in the Agreement, or if CONTRACTOR fails to comply with any other provision of the Agreement, the CITY may terminate this Agreement for default. Termination shall be effected by serving a notice of termination on CONTRACTOR setting forth the manner in which CONTRACTOR is in default. CONTRACTOR shall only be paid the contract price for services performed in accordance with the manner of performance set forth in the Agreement. If it is later determined by the CITY that CONTRACTOR had an excusable reason for not performing,such as a strike,fire,or flood,events which are not the fault of or are beyond the control of CONTRACTOR, the CITY, after setting up a new performance schedule,may allow CONTRACTOR to continue work,or it may treat the termination as a termination for convenience. C. The CITY in its sole discretion may, in the case of a termination for breach or default, allow CONTRACTOR an opportunity to cure the defect. In such case, the notice of termination shall state the time period in which cure is permitted and all other appropriate conditions. The time period in which cure is permitted shall be no less than ten (10) days and no more than thirty (30) days following receipt by CONTRACTOR of written notice from the CITY setting forth the nature of said breach or default. If CONTRACTOR fails to remedy to the CITY's satisfaction the breach or default of any of the terms,covenants,or conditions of this Agreement within the specified time period in which cure is permitted, the CITY shall have the right to terminate the Agreement without any further obligation to CONTRACTOR. Any such termination for default shall not in any way operate to preclude the CITY from also pursuing all available remedies against CONTRACTOR and its sureties for said breach or default. 14