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1 J. Suspension or Termination of Service. There is any termination 2 or suspension of the transaction of business by Contractor related to this Agreement, 3 including without limit, due to labor unrest including strike, work stoppage or 4 slowdown, sick-out, picketing, or other concerted job action lasting more than two (2) 5 consecutive days. 6 7 K. Failure to Provide Assurance of Performance. It Contractor fails 8 to provide reasonable assurances of performance as required under Section 11.06. 9 10 Contractor shall be given ten (10) business days from written notification by Agency to 11 cure any default arising under subsections C, E, F, I, J and K provided, however, that 12 the Agency shall not be obligated to provide Contractor with a notice and cure 13 opportunity if the Contractor has committed the same or similar breach within a 14 twenty-four (24) month period. 15 16 11.02 Right to Terminate Upon Default. In the event that Contractor should 17 default and subject to the right of the Contractor to cure, in the performance of any 18 provisions of this contract, and the default is not cured for any default arising under 19 Section 11.01.C., E, F, I, J or K, within ten (10) days' notice if the public health or safety is 20 threatened, or otherwise thirty (30) days after receipt of written notice of default from 21 the Agency, then the Agency may, at its option, terminate this Agreement and/ or hold 22 a hearing at its next Agency Council/Board meeting to determine whether this contract 23 should be terminated. In the event Agency decides to terminate this contract, Agency 24 shall serve twenty (20) days' written notice of its intention to terminate upon 25 Contractor. In the event Agency exercises its right to terminate this contract, Agency 26 may, at its option, upon such termination, either directly undertake performance of the 27 services or arrange with other Persons to perform the services with or without a written 28 agreement. This right of termination is in addition to any other rights of Agency upon a 29 failure of Contractor to perform its obligations under this Agreement. 30 31 Agency's right to terminate this Agreement and to take possession of 32 Contractor's Facility are not exclusive, and Agency's termination of this Agreement 33 shall not constitute an election of remedies. Instead, they shall be in addition to any and 34 all other legal and equitable rights and remedies which Agency may have. By virtue of 35 the nature of this Agreement, the urgency of timely continuous and high-quality 36 service, the time required to effect alternative service, and the rights granted by Agency 37 to Contractor, the remedy of damages for a breach hereof by Contractor may be 38 inadequate and Agency may seek injunctive relief. 39 40 11.03 Liquidated Damages. 41 42 A. General. The Agency finds, and Contractor agrees, that as of the 43 time of the execution of this Agreement, it is impractical, if not impossible, to 44 reasonably ascertain the extent of damages which shall be incurred by Agency as a Atty j Agrj2005.022 060205 -58-