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mandatory injunction, specific performance, and "cover" which may appear neccssary or <br /> desirable to the City to collect any payments due, to abate or prevent any such default, or to <br /> enforce perfocmance and observance of any obligation of the Contractor under this contract, The <br /> City may also exercise any and all remedies under the bond including, without limitation, <br /> recovery under the bond of any and all moneys and damages due, recover dama�es suffered or <br /> incurred or that may be suffered or incurred, by the City due to a default, even if this agreement <br /> or contract has been terminated or canceled, and take whatever action is required to cure the <br /> default, including without limitation, payments to others, or performance for or on behalf of the <br /> Contractor its obligations and agreements. <br /> BREACH: The occurrence of any one or more of the following events shall constitute cause for <br /> the City to declare Contractor in default of its obligations under this Contract: <br /> a) City determines that satisfactory perf'ormance of this Contract is substantially <br /> endan�ered or that a default is tikely to occur; <br /> b) Contractor becomes subject of any bankruptcy or insolvency proceeding; <br /> terminate or suspend their operations; become for any reason financially <br /> insolvent or unable to a 't b' <br /> i s ills• <br /> pY . <br /> c) Contractor has failed to cornply with applicable federal, state and local laws, <br /> rules, ordinances, regulations and orders when performin� within the scope of <br /> this Contract; <br /> d) Contractor has engaged in any conduct that has or may expose City to <br /> liability, as detcrmined in City's sole discretion; <br /> c) A labor strike or disagreement resulting in stoppage or reduction in services <br /> exceeding two business days. <br /> If there is default caused by Contractor, City shall provide written notice to Contractor <br /> requesting that the breach or noncompliance be remedied within the period of time specified in <br /> the City's written notice to Cantractor. If ihe breach or noncompliance is not remedied by the <br /> date stated in the written notice, the Cit�� may either: i) immediately terminate the Contract <br /> without additional written notice; or ii) enforce the terms and conditions of the Contract, <br /> including seek any and all legal and equitablc remedics. <br /> Upon a breach of this Agreement, the non-defaulting party, in any court of competent <br /> jurisdiction, by an action or proceeding at !aw or in equity, may enforce this Contract or may be <br /> 10 <br />