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<br />....., <br /> <br />-.....,I <br /> <br />e. If CONSULT ANT fails or refuses to produce or maintain the insurance required by this section or <br />fails or refuses to furnish the City with required proof that insurance has been procured and is in force and <br />paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such <br />termination shall not effect CONSULTANT's right to be paid for its time and materials expended prior to <br />notification of termination. <br /> <br />10. TERMINATION <br /> <br />This Agreement may be terminated by either party at its sole discretion, upon thirty (30) days <br />written notice to the other party. Notice shall be deemed served on the date of mailing. However, <br />CONSULTANT may not terminate this Agreement if undue hardship will result to any participant. <br /> <br />11. DISPUTES <br /> <br />Except as otherwise provided in this Agreement, any dispute concerning any question arising <br />under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and <br />mail or otherwise furnish a copy thereof to CONSULTANT. The decision of the City shall be final and <br />conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives <br />from CONSULTANT written request to appeal said decision. <br /> <br />Procedures governing the appeal shall be prescribed by CITY and/or the State of California in <br />accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of <br />the appeal, CONSULTANT shall act in accordance with CITY's decision unless the dispute involves a <br />change order. <br /> <br />12. BREACH - SANCTIONS <br /> <br />If, through any cause, CONSULTANT violates any of the terms and conditions of this <br />Agreement, and/or prior agreements whereby grant funds were received by CONSULTANT pursuant to this <br />Agreement, or if CONSULT ANT reports inaccurately or if any Audit Report makes disallowances, <br />CONSULTANT shall promptly remedy its acts or omissions and/or repay CITY all amounts due CITY as a <br />result of CONSULT ANT's violation. For any such failures or violations, CITY shall also have the right at its <br />sole discretion to either: (1) discontinue program support until such time as CONSULTANT fulfills its <br />obligations or remedies all violations of this agreement or prior agreements; and/or (2) collect outstanding <br />amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after <br />thirty (30) days' written notice CONSULTANT has failed to repay same or a repayment schedule has not <br />been made; and/or (3) terminate this Agreement by giving written notice to CONSULTANT of such <br />termination in accordance the notice provision in Paragraph XVIII herein below. <br /> <br />13. NOTICES <br /> <br />All notices, reports and correspondence between the parties hereto respecting this agreement shall be <br />in writing and deposited in the United States Mail, postage prepaid, addressed as follows: <br /> <br />7 <br />