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may assess liquidated damages or terminate the agreement forthwith by <br />giving written notice to contractor's project manager. City may, in addition <br />to the other remedies provided in this agreement or authorized by law, <br />terminate this agreement by giving written notice of termination. <br />Contractor shall be responsible for all costs incurred by City, including <br />replacement costs of equipment and labor required to provide service <br />during contractor's default. In the event of such termination for cause, <br />City shall pay contractor that portion of compensation specified in the <br />agreement that is earned and unpaid prior to the effective date of <br />termination. Contractor shall not be entitled to any compensation for lost <br />profits it terminated for cause. <br />2. This agreement may be terminated without cause by City upon thirty (90) <br />days written notice delivered to the contractor either personally or by mail. <br />Upon termination, City shall pay to contractor that portion of <br />compensation specified in the agreement that is earned and unpaid prior <br />to the effective date of termination. <br />3. In addition to, or in lieu of, remedies provided in this agreement or <br />pursuant to law, City shall have the right to withhold all or a portion of <br />contractor's compensation for contract services if, in the judgment of the <br />projects manager or designee, the level of service falls below appropriate <br />standards and/or contractor fails to satisfactorily perform contract <br />services. City shall have the right to retain funds withheld until the <br />projects manager or designee determines that contract services are <br />performed as well and as frequently as required by this agreement. <br />CONTRACTOR OPTION FOR TERMINATION <br />The contractor may request termination of the contract when conditions during <br />the contract make it impossible to perform or when prevented from proceeding <br />with the contract by act of God, by law or official action of a public authority or in <br />the event on nonpayment by the City. Such request will require one -hundred <br />eighty (90) days written notice prior to contract termination date requested. In <br />the event of nonpayment of undisputed sums by the City, contractor shall give <br />the City thirty (30) working days to cure the alleged breach. <br />J. LIQUIDATED DAMAGES <br />If the City determines that the contractor breaches its promise to provide services <br />in compliance with the Terms and Conditions of applicable laws and regulations, <br />and the specifications set forth above, it would be impracticable and extremely <br />difficult to determine the damage to City arising from such breach. Therefore, in <br />the event of contractor's breach, contractor shall pay to City the sum of $300 per <br />day for such breach, in addition to any cost, fines, etc. levied against the City. <br />K. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS <br />Contractor shall solicit and advertise employment opportunities to Santa Ana <br />residents. The City shall inform the contractor of areas to publicize recruitment <br />Page 8 of 11 <br />