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<br />13. TERMINATION: <br /> <br />A. Termination for Cause. If, through any cause within their reasonable control the <br />Consultant shall fail to fulfill in a timely manner or otherwise violate any of the covenants, <br />agreements or stipulations material to this agreement, the City shall have the right to <br />terminate the services then remaining to be performed. Prior to the exercise of its option to <br />terminate for cause, the City shall notify the Consultant of its violation of the particular terms <br />of the agreement and grant Consultant ten (10) days to cure such default. If the default <br />remains uncured after ten (10) days the City may terminate this agreement. <br /> <br />(i). In the event of termination, all [mished and unfmished documents, data <br />and other work product prepared by Consultant (and sub consultant(s)) shall be delivered <br />to the City and the City shall compensate the Consultant for all services satisfactorily <br />performed prior to the date of termination, as provided in Paragraph 3 herein. <br /> <br />(ii). Notwithstanding the foregoing, the Consultant shall not be relieved of <br />liability to the City for damages sustained by it by virtue of a breach of the agreement by <br />Consultant and the City may reasonably withhold payments to Consultant for the <br />purposes of set-off until such time as the exact amount of damages due the City from the <br />Consultant is determined. <br /> <br />B. Termination for Convenience of City. The City may, for its convenience and <br />without cause terminate the services then remaining to be performed at any time by giving <br />written notice which shall become effective ten (10) days following receipt by Consultant. The <br />terms of subparagraph A(i) and (ii) above shall be applicable hereunder. In the event of <br />termination for convenience, the City will only be responsible for costs reasonably rendered by <br />the Consultant up to the notification date of termination. <br /> <br />C. Termination for Insolvency. The City also reserves the right to terminate the <br />remaining services to be performed in the event the Consultant is placed either in voluntary or <br />involuntary bankruptcy or makes any assignment for the benefit of creditors. <br /> <br />14. NOTICES: All notices and other communications required or permitted to be given <br />under this Agreement by either party to the other shall be in writing and shall be sent (except as <br />otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return <br />receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier <br />service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by <br />certified or registered mail, first class postage prepaid, return receipt requested or by overnight <br />delivery by traditionally recognized courier service), addressed to such party as follows: <br /> <br />.' <br /> <br />CIOII-069 Logistics Management Group Agreement for Jazz Fest October 2011 <br /> <br />4 < <br />