Laserfiche WebLink
and alteration of the Parking Facilities, reasonable attorney's fees, expert <br />witness costs, and any other reasonable costs; and <br />(b) Any other amount, which the City may by law hereafter be permitted to <br />recover from the Operator to compensate the City for the detriment cat; <br />the Operator. <br />The Operator shall construe no delay or omission of the City to exer <br />or remedy as a waiver of such right or remedy or any default hereunc <br />acceptance by the City of any sums hereunder due shalt, 9 j. be) <br />preceding beach or default by the Operator of any prov1s1,6_ e"_ of, <br />the failure of the Operator to pay the particular sum accepte,gard <br />City's knowledge of such preceding beach or default at the time of a <br />such sum, or (ii) waiver of the City's right to exercise any remedy a% <br />City by virtue of such breach or default- act or'thing done by the <br />City's agents during the term of this Agreement sh4ll,be deemed an <br />the surrender of the Parking Facilities, and no agreement to accept a <br />shall be valid unless in writing and signed by the Git. <br />B. Termination Without Cause, The City reserves the right, at any <br />during the term of this Agreement, at the soli dl$eretion of the`Cty,`to terminat <br />Agreement without cause; provided, however, that if any such termination is to <br />effected, the City shall give the Operator written�otice thereof not less than on <br />twenty (120) dayspoor tb the effective date�uf snc termination. <br />of <br />the <br />of <br />nces of Termination. In the event of termination, Operator shall <br />all reports, documents, CityP�Owned equipment and materials <br />r termination. Upon receipt thereof, City shall pay Operator for <br />id reimbursable expenses incurred to the date of termination. <br />RTIES HERETO AGREE THAT IT 'WOULD BE IMPRACTICAL <br />:TREMEMLY DIFFICULT TO DETERMINE THE ACTUAL <br />iE TO THE CITY IF OPERATOR WERE TO TERMINATE THIS <br />'"ENT PRIOR TO EXPIRATION OR OTHERWISE BREACH. IN <br />ON TO THE SERVICES PROVIDED, CITY EXPECTS TO RECEIVE <br />BENEFIT FROM OPERATOR'S SERVICES. THE PARTIES <br />,LLY AGREE THAT THE TERMS SET FORTH IN THIS SECTION <br />'CEPTABLE TO EACH PARTY AND ARE A REASONABLE <br />LTE CIF CITY'S LOSS IF OPERATOR FAILS TO COMPLETE <br />ES IN ACCORDANCE WITH THE SCHEDULE OF <br />C\4ANCE. <br />BY SIGNING THIS BELOW, CITY AND OPERATOR ACKNOWLEDGE <br />THAT THE INCENTIVE AMOUNTS SET FORTH BELOW HAVE BEEEN <br />AGREED UPON AS THE PARTIES' REASONABLE ESTIMATE OF CITY'S <br />DAMAGES. <br />25 <br />25D -55 <br />