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Contractor[s]) shall be delivered to the City and the Contractor shall compensate the City in accordance with Section 3 of this Agreement. ll. Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the agreement by Contractor. 111. After receipt of a Termination Notice and except as otherwise directed by the City, the Contractor shall: 1. Stop work on the date and to the extent specified; 2. Terminate and settle all orders and subcontracts relating to the performance of the terminated work; 3. Transfer all work in process, completed work and other materials related to the terminated work to the City; and 4. Continue and complete all parts of that work that have not been terminated. b. Termination for Convenience of City. The City may, for its convenience and without cause terminate the services then remaining to be performed provided that the Contractor is given ten (10) days notice. In such an event, the provisions of subparagraph (a)i.-iii. above shall be applicable. c. Termination for Insolvency. The City also reserves the right to terminate the remaining services to be performed in the event the Contractor is placed either in \ voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 5. Compensation. 5.1 Total Compensation. The Contractor agrees to pay the City an amount equal to % of the Contractor's gross monthly revenue, excluding state sales tax ("Percentage Payment"). The term "Gross Monthly Revenue" shall mean the total amount charged by Contractor, its employees, agents, or licensees, for all goods and merchandise sold or services performed, whether for cash or other consideration or on credit, and regardless of collections, including but not limited to orders taken at the Concession Area but filled elsewhere and orders taken elsewhere but filled at the Concession Area. 5.2 Payment Due Date. Contractor shall deliver the Percentage Payment to the City on or before the day of each month for Gross Monthly Revenue received during the preceding month ("Due Date"). 5.3 Access to Records. Contractor shall provide a written statement to the City on the Due Date showing the total Gross Monthly Revenue for the preceding month ("Statement"). Contractor will provide the City or the City's agents or representatives reasonable access to the books and records of Contractor for the purposes of auditing and inspecting the same to verify 20