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City of Santa Ana <br />B. Right to Cure. In the event of any dispute arising under this Agreement, the injured <br />Party shall notify the injuring Party in writing of its contentions by submitting a claim <br />therefore. The injured Party shall continue performing its obligations hereunder so long <br />as the injuring Party cures any default within thirty (30) days after service of the notice; <br />provided, however, if a breach of this Agreement creates an immediate danger to the <br />health and safety or general welfare to the CITY OF SANTA ANA, in the reasonable <br />discretion of the Fire Chief or designee, may take immediate action to remedy the breach <br />itself and/or terminate this Agreement. <br />Notwithstanding the preceding, if the Fire Chief or designee finds that CONTRACTOR <br />is diligently proceeding with all steps necessary to cure such default, the Fire Chief or <br />designee in conjunction with the CITY OF SANTA ANA may, in his sole discretion, <br />extend the time period by which CONTRACTOR must cure such deficiencies, including <br />the effective date of such termination. <br />C. Waiver. No waiver of any Event of Breach or Default shall be valid or effective unless <br />in writing and signed by CITY OF SANTA ANA. Any waiver of any one Event of Default or <br />Breach shall not constitute, or be construed as creating, a waiver of any other Event of Default or <br />Breach. <br />D. Action Following Termination. Should this Agreement be terminated for breach, <br />CONTRACTOR agrees that CITY OF SANTA ANA and/or OCFA, in their discretion, may take <br />immediate possession of any CITY OF SANTA ANA or OCFA materials, equipment, and <br />supplies CONTRACTOR may have used in the performance of the 9-1-1 Emergency <br />Transportation Services. Notwithstanding the above, should this Agreement be terminated for <br />breach, CITY OF SANTA ANA or OCFA shall have the option to take over the delivery of the <br />9-1-1 Emergency Transportation Services itself, using CITY OF SANTA ANA personnel or <br />contractors; contract on a temporary emergency basis with other providers of emergency <br />transport ambulance services; seek new proposals for service; or such other option as may be <br />deemed necessary and legally available to CITY OF SANTA ANA. <br />E. No Limitation on CITY OF SANTA ANA's Rights. Nothing herein shall act as any <br />limitation upon the remedies available to CITY OF SANTA ANA whether at law, or otherwise, <br />in the event of a breach or default of this Agreement. <br />8. Insurance <br />A. Prior to beginning the provision of 9-1-1 Emergency Transportation Services under <br />this <br />Agreement, CONTRACTOR must provide to the satisfaction of the CITY OF SANTA ANA and <br />OCFA, certificates of insurance and endorsements evidencing the policy or policies of insurance <br />Phase 2 RFP: Emergency Ambulance Transportation and Related Services Page 1 84 <br />June 14, 2012 <br />25F-103