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<br />.- <br />performed by qualified personnel promptly and with <br />diligence, to Pacific's reasonable satisfaction, and <br />that work and materials shall be also subject to all <br />statutory and express or implied warranties. This <br />warranty shall survive inspection, acceptance, <br />termination and payment. City may satisfy its <br />obligations under this Agreement by requiring its <br />contractor to enter into a warranty for the benefit of <br />Pacific substantially similar to this provision. <br /> <br />7. Termination <br /> <br />This Agreement automatically terminates upon completion <br />of work. In the event of any material default or <br />breach of this Agreement by City, in addition to all <br />other rights and remedies which Pacific may have at law <br />or equity, Pacific shall have the immediate right to <br />terminate this Agreement by giving thirty (30) days <br />prior written notice of termination. The notice shall <br />specify the cause of termination and shall give City a <br />reasonable opportunity to cure and correct any such <br />cause. In the event this Agreement is terminated or <br />suspended as provided herein, Pacific shall not be <br />liable to City or any other person or entity for any <br />losses, damages or claims which may arise as a result <br />of termination. City shall pay to Pacific any costs or <br />expenses incurred by Pacific prior to the termination <br />of this Agreement. Any termination of this Agreement <br />in whole or in part shall not release City from any <br />liability or obligation under this Agreement, whether <br />of indemnity or otherwise, which may have accrued or <br />which may be accruing or which arises out of any claim <br />that may have accrued or may be accruing at the time of <br />termination. ; <br /> <br />8. Attorneys' Fees <br /> <br />If any action is brought to adjudicate the rights <br />granted in this Agreement or to enforce any of the <br />terms of this Agreement, the prevailing party shall be <br />entitled to an award of reasonable attorneys' fees in <br />an amount to be determined by a court or a tribunal of <br />competent jurisdiction. <br /> <br />9. Jurisdiction <br /> <br />This Agreement is subject to the applicable rules, <br />regulations and tariffs on file with the California <br />Public Utilities Commission ("Commission") and is also <br />subject to changes or modification as the Commission <br />may order. <br /> <br />10. Entire Agreement <br /> <br />This Agreement and the attached Exhibits are <br /> <br />7 <br />