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DocuSign Envelope ID: B5D09699-93D5-443A-8F32-39E899011FB3 <br />In the case of a termination for breach or default, the City, in its sole discretion, may allow the <br />Contractor two (2) weeks in which to cure the defect. In such case, the Notice of Termination will <br />state the time period in which cure is permitted and other appropriate conditions. <br />If Contractor fails to remedy to City's satisfaction the breach or default of any of the terms, <br />covenants, or conditions of this Contract within ten (10) business days after receipt by Contractor <br />of written notice from the City setting forth the nature of said breach or default, the City shall <br />have the right to terminate the Contract without any further obligation to Contractor. Any such <br />termination for default shall not in any way operate to preclude the City from also pursuing all <br />available remedies against Contractor and its sureties for said breach or default. <br />D. Waiver of Remedies for any Breach <br />In the event that the City elects to waive its remedies for any breach by Contractor of any <br />covenant, term or condition of this Contract, such waiver by the City shall not limit the City's <br />remedies for any succeeding breach of that or of any other covenant, term, or condition of this <br />Contract. <br />7. VIOLATION AND BREACH OF CONTRACT <br />For contracts in excess of the Simplified Acquisition Threshold (currently set at $250,000) shall contain <br />administrative, contractual, or legal remedies in instances where contractors violate or breach contract <br />terms and provide for such sanctions and penalties as appropriate. The Violations and Breach of Contracts <br />clause flow down to all third -party contractors and their contracts at every tier. <br />A. Rights and Remedies of the City of Everett <br />The City shall have the following rights in the event that the City deems the Contractor guilty of a <br />breach of any term under the Contract. <br />1) The right to take over and complete the work or any part thereof as agency for and at the <br />expense of the Contractor, either directly or through other contractors; <br />2) The right to cancel this Contract as to any or all of the work yet to be performed; <br />3) The right to specific performance, an injunction or any other appropriate equitable <br />remedy; <br />4) The right to money damages; and <br />5) Any other remedy in law or equity. <br />B. Rights and Remedies of Contractor <br />Inasmuch as the Contractor can be adequately compensated by money damages for any breach of <br />this Contract, which may be committed by the City, the Contractor expressly agrees that no <br />default, act or omission of the City shall constitute a material breach of this Contract, entitling <br />Contractor to cancel or rescind the Contract, unless the City directs Contractor to do so, or to <br />suspend or abandon performance. <br />C. Remedies <br />Unless this Contract provides otherwise, all claims, counterclaims, disputes and other matters in <br />question between the City the Contractor arising out of or relating to this Contract or its breach <br />Page 7 of 24 <br />