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<br />. <br /> <br />. <br /> <br />(f) The rights of termination or imposition of liquidated <br />damages, as set forth in section 36 hereof, are in addition to any <br />other rights of CITY upon a failure of CONTRACTOR to perform its <br />obligations under this Agreement. The CITY further reserves the <br />right to terminate CONTRACTOR's Agreement or impose liquidated <br />damages in the event of any of the following: <br /> <br />(1) If the CONTRACTOR practices, or attempts to <br />practice, any fraud upon the CITY; <br />(2) If the CONTRACTOR becomes insolvent, unable, or <br />unwilling to pay its debts, or upon listing of an order for relief <br />in favor of CONTRACTOR in a bankruptcy proceeding; <br />(3) If the CONTRACTOR fails to provide or maintain in <br />full force and effect the workers' compensation, liability or <br />indemnification coverage as required by this Agreement; <br />(4) If the CONTRACTOR willfully violates any orders or <br />rulings of any regulatory body having jurisdiction over the <br />CONTRACTOR relative to this Agreement, provided that the CONTRACTOR <br />may contest any such orders or rulings by appropriate proceedings <br />conducted in good faith, in which case no breach of this Agreement <br />shall be deemed to have occurred; <br />(5) If the CONTRACTOR willfully fails to make any <br />payments required under the Agreement and/or refuses to provide the <br />CITY with required information and/or reports in a timely manner as <br />provided in this Agreement; or, <br />(6) Any other act or omission by the CONTRACTOR which <br />materially violates the terms, conditions, or requirements of this <br />Agreement, CIWMA, as it may be amended from time to time, or any <br />order, directive, rule, or regulation issued thereunder and which <br />is not corrected or remedied within the time set in the written <br />notice of the violation. <br /> <br />(g) In addition to the remedies set forth herein, the CITY <br />shall have the right to obtain damages and/or injunctive relief. <br />Both parties recognize and agree that in the event of a breach <br />under the terms of this Agreement by CONTRACTOR, the CITY may <br />suffer irreparable injury and incalculable damages sufficient to <br />support injunctive relief, to enforce the provisions of this <br />Agreement and to enjoin the breach thereof. <br /> <br />(h) If CONTRACTOR claims default by the CITY in the payment <br />of any money due or alleged to be due to CONTRACTOR pursuant to <br />this Agreement, CONTRACTOR shall not be entitled to cancel this <br />Agreement if the CITY, wi thin seven (7) days after receipt of <br />notice of the claimed default, deposits the amount in controversy <br />into an interest bearing account in a commercial bank or lending <br />institution and maintains such deposit until such time as a final <br />judicial decision or agreement between the parties determines the <br />rightful disposition of the said amount in controversy; provided <br />that CONTRACTOR shall be deemed to have waived all claims to the <br />said amount if no agreement is reached nor any legal proceeding <br />initiated within ninety (90) days of the CONTRACTOR's service of <br />written notice of default on the CITY. <br /> <br />29 <br />