R99-120 AUTHORIZING AGREEMENT - Laserfiche WebLink

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