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XII. DEFAULT, REMEDIES, TERMINATION <br /> 12.1 If Contractor fails to observe the established service requirements or schedule of service <br /> for more than two (2) consecutive working days, the City shall reserve the right to determine if <br /> there has been sufficient cause to justify such lack of observance. I� in the City's judgment, <br /> sufficient cause has not been demonstrated, then the City shall serve notice either personally or by <br /> affixing such notice to the premises of the servicing location of the Contractor stating that the <br /> agreement and a contract shall be deemed default. If any default is not cured or remedied by <br /> Contra.ctor within ten(10) days after written notice of the default is given to Contractor, the City � <br /> may exercise any one or more of the remedies available to it provided by this agreement or at law <br /> or in equity or by statute. If Contractor commences curing or remedying a default within the ten <br /> day period but is unable to cure the default within the ten day period thenthe period for cure of <br /> default shall be extended for the period of time reasonably necessary to cure the default. <br /> 12.2 In the event of non-performance or default that has not been cured or removed, the City <br /> . shail have the right to: � . <br /> a. Terminate the agreement and the contract by written notice to the Contractor, such <br /> termination shall be effecrive on the date specified in such notice. The Contractor will be <br /> obligated to pay a percentage of their monthly bill(that the City pays them) if they neglect <br /> to perform the duties agreed upon on the conuact. <br /> b. Suspend payment of all moneys due to the contractor, provided, that said suspension of <br /> moneys shall be subject to the curing of the default only, and shall not be treated as <br /> liquidated damages hereunder in the event a default is timely cured, otherwise suspended <br /> funds may be treated as liquidated damastes. i <br /> c. Exercise any other remedy granted by this agreement as to any specific default or violation <br /> set out in this agreement. <br /> d. Take whatever legal, equitable or administrative action it deems appropriate, and including <br /> mandatory injunction and specific performance which may appear necessary or desirable <br /> to the City to collect any payments due under this agreement, to abate or prevent any such <br /> default, or to enforce performance and observance of any obligation or agreement of the <br /> Contractor under this agreement. <br /> e. Exercise any and all remedies under the bond including, without limitation, recovery under <br /> the bond of any and all moneys and damages. <br /> £ Recover monetary damages suffered or incurred or that may be suffered or incuned, by <br /> the City due to a default, even if this ag.reement has been terminated, canceled, or <br /> rescinded in whole or in part. <br /> g. Take whatever action required to cure the default, including without limitation, payments <br /> to others, or performance for or on behalf of the Contractor its obligations and <br /> agreements. <br /> In addition to the foregoing remedies, the City may take whatever reasonable and lawful steps it <br /> may deem appropriate to preserve life or property or prevent accumulation of recyclable materials <br /> or prevent waste, with or without notice having been given, provided however, that nothing <br /> herein shall be deemed to create any duty or obligation upon the City to take such steps and <br /> 13 <br />