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10. Miscellaneous. 10.1 10.2 10.3 lOA 10.5 10 Binding Agreement. The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors or assigns. Force Maïeure. If Grantee or City shall be delayed or interrupted in the performance or completion of the work hereunder by an embargo, war, fire, flood, earthquake, epidemic, or other calamity, act of God or of the public enemy, or by any strike or labor dispute, or by the inability to secure governmental licenses, permits or priorities, or by the unavailability of sources of supply to Grantee or City, or by any other outside cause which is beyond the control of Grantee or City and without its fault or negligence, then it shall be excused from any delay or failure to perform under the Agreement. Right to Stop Work or Termination by City. City may for any reason whatsoever terminate performance under this Agreement by Grantee. City shall give a thirty (30) day written notice of such termination to Grantee specifying when termination becomes effective and whether the termination relates to all work contemplated by this Agreement or only to work related to a specific phase of Grantee's Fiber Network construction or maintenance. City must pay for work actually performed to the date of notice, but shall incur no further obligations in connection with the work and the Grantee shall stop work on City's account when such termination becomes effective. Grantee shall also terminate outstanding orders and subcontracts to the extent possible. City shall settle the liabilities and claims arising out of termination of such subcontracts and orders. Audit of Fiber Network Usage. Grantee reserves the right to audit the City's compliance with terms and conditions of this Agreement, including, without limitation, the City's and any Qualified Fiber Network Users' use of the Fiber Network, and all records of the City and Qualified Fiber Network Users necessary to determine compliance. If the City or any Qualified Fiber Network User breaches this Agreement and fails to cure such breach within thirty (30) days of receipt of written notice, or if the City or any Qualified Fiber Network User repeatedly breaches the terms of this Agreement, Grantee may disable the Fiber Network connection to the Fiber Network User that is in non-compliance in addition to seeking any other remedy available to it at law or in equity. Before doing so, the Grantee must provide the Fiber Network User with notice ofthe alleged violation, and provide an opportunity to be heard, to show either that a violation has not occurred or that termination shall not be imposed. Excused Performance. If Grantee or the City is delayed or interrupted in the performance of completion of the work hereunder by any neglect or default of the other, then the affected party shall be excused from any delay or failure to perform under this Agreement caused by such a neglect or default.