Laserfiche WebLink
Manager, such types of insurance in the name of the Manager, and with such <br /> insurers, as the City may deem proper, and may deduct the cost of providing and <br /> maintaining such insurance from any sums which may be found or become due to <br /> the Manager under this Agreement or may demand Manager to promptly <br /> reimburse the City for such cost. <br /> 8. DEFAULT <br /> A. Occurrence of any of the following shall constitute a default hereunder by the Manager: <br /> 1. The failure or refusal of the Manager to perform any of its the terms, conditions or <br /> obligations under this Agreement; <br /> 2. Notice of cancellation or non-renewal of an expired policy of insurance or bond, <br /> and the Manager's failure to replace or reinstate the insurance policy or bond prior <br /> to the effective date of the cancellation or non-renewal; <br /> 3. The filing or pendency of a petition against the Manager or the voluntary effort of <br /> the Manager to seek protection under any applicable bankruptcy, reorganization, <br /> arrangement, insolvency, readjustment or debt, dissolution, liquidation or <br /> rehabilitation law of any jurisdiction which has not been dismissed within sixty (60) <br /> days after filing or which has not been cured by the Manager's acquisition of an <br /> alternate security instrument guaranteeing performance of this Agreement <br /> satisfactory to the City; <br /> 4. The failure on the part of the Manager to pay all or any amount required to be paid <br /> to the City under this Agreement when such amount becomes due and payable, <br /> unless it is paid within five (5) days after written demand of the amount by the City. <br /> B. In the event of any Default, the nondefaulting party shall notify the defaulting party in <br /> writing of the default and describe the default in reasonable detail. The defaulting party shall <br /> immediately cure the default, or if the default cannot be cured immediately, then the defaulting <br /> party shall notify the nondefaulting party of the steps it will take to cure the default in a <br /> commercially reasonable manner and time. <br /> 9. TERMINATION <br /> A. For Convenience <br /> Either party may terminate this Agreement without cause at any time by sending written notice <br /> of termination to the other party Agent ("Notice"). The Notice shall specify a termination date <br /> ("Termination Date") at least sixty (60) days after the date the Notice is issued. The Notice <br /> shall be effective ("Notice Date") upon the earlier of either actual receipt (whether by fax, mail, <br /> delivery or other method reasonably calculated to be received in a reasonably prompt manner) <br /> or three calendar days after issuance of the Notice. Upon the Notice Date, Manager shall <br /> immediately commence to end the service being provided in a reasonable and orderly manner. <br /> Except in the case of the Manager's material breach of this Agreement, in the event of <br /> termination of this Agreement, notwithstanding any other language in this Agreement, the <br /> Manager is only entitled to payment based upon any unpaid monthly payment due and owing <br /> for the period of time prior to the Termination Date and any approved expenses as authorized <br /> by this Agreement less all payments previously made. The Notice shall be sent by the United <br /> States Mail to the City's and Manager's addresses provided herein, postage prepaid, certified <br /> 9 <br />