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4401 Section 15.10 (or, if he/she is unavailable, to a responsible employee of Contractor) 4402 and shall be effective immediately. Written confirmation of such oral notice of 4403 suspension or termination shall be sent by personal delivery, facsimile, or other 4404 expedited means of delivery to Contractor within twenty-four (24) hours of the oral 4405 notification at the address shown in Section 15.09. Contractor shall continue to 4406 perform the portions of the Agreement, if any, not suspended, in full conformity with 4407 its terms. 4408 B. Agency may also suspend or terminate this Agreement, upon the same notice 4409 provisions, if Contractor's ability to perform is prevented or materially interfered with 4410 by a cause which excuses nonperformance under Section 14.09, despite the fact 4411 that nonperformance in such a case is neither a breach nor a Contractor default. 4412 14.03 SPECIFIC PERFORMANCE 4413 By virtue of the nature of this Agreement, the urgency of timely, continuous, and high - 4414 quality service, the lead time required to effect alternative service, and the rights granted 4415 by Agency to Contractor, the remedy of damages for a breach hereof by Contractor is 4416 inadequate and Agency shall be entitled to injunctive relief. 4417 14.04 RIGHT TO PERFORM; USE OF CONTRACTOR PROPERTY 4418 If this Agreement is suspended and/or terminated due to a Contractor default, Agency 4419 shall have the right to perform, by contract, in conjunction with other Member Agencies, 4420 or otherwise, the work herein or such part thereof as it may deem necessary. In the 4421 event of Contractor's default, Agency shall have the right to use any of Contractor's 4422 equipment, Facilities, and other property reasonably necessary for the provision of 4423 services hereunder and for the Billing and collection of Rates and Charges billed for 4424 those services, upon the terms provided in Article 12. Agency shall have the right to 4425 continue use of such property until other suitable arrangements can be made for the 4426 provision of such services, which may include the award of a contract to another service 4427 provider. 4428 14.05 DAMAGES 4429 Contractor shall be liable to Agency for all direct, indirect, special, and consequential 4430 damages arising out of Contractor's default. This Section is intended to be declarative of 4431 existing California law. 4432 14.06 AGENCY'S REMEDIES CUMULATIVE 4433 Agency's rights to suspend or terminate the Agreement under Section 14.02, to obtain 4434 speck performance under Section 14.03, and to perform under Section 14.04 are not 4435 exclusive, and Agency's exercise of one such right shall not constitute an election of 4436 remedies. Instead, they shall be in addition to any and all other legal and equitable 4437 rights and remedies that Agency may have, including a legal action for damages under 4438 Section 14.05 or imposition of Liquidated Damages under Section 14.07. 4439 14.07 LIQUIDATED DAMAGES 4440 The Parties acknowledge that consistent, courteous, and efficient Collection of Solid 4441 Waste, Targeted Recyclable Materials, and Organic Materials is of utmost importance 4442 and Agency has considered and relied on Contractor's representations as to its quality of REV: 03-16-18 MI Page 109 of 126 ATTY/AGR.2018.054/Recology of San Mateo