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<br />For purposes of this Agreement, the term "default" shall mean the failure of any Party to <br />perform any material obligation in the time and manner provided by this Agreement. Either <br />Party may terminate this Agreement in the event of a default by the other Party by providing <br />a written Notice of Termination to the defaulting Party. Such Notice of Termination shall <br />become effective no less than ten (10) calendar days after a Party receives such notice. <br />Such Notice of Termination for cause shall include a statement by the terminating Party <br />setting forth grounds for determination of default under the Agreement. In the event this <br />Agreement is terminated for cause as set forth under this section, City shall pay Consultant <br />for all Services satisfactorily performed up to the date the Agreement is terminated. City may <br />deduct from such payment the amount of actual damage, if any, sustained by City due to <br />Consultant's failure to perform the Services or for breach of this Agreement. <br /> <br />c. Opportunity to Cure Default <br /> <br />Upon receipt of a Notice of Termination by a Party arising from its default under this <br />Agreement, the defaulting Party shall have five (5) days from the receipt of such notice to <br />cure the default by making such payment or performing the required obligation. If the default <br />is cured to the mutual satisfaction of the Parties, the Agreement shall remain in effect upon <br />written acceptance of the cure by the Party who issued the Notice of Termination for cause. <br /> <br />26. <br /> <br />Notices <br /> <br />Written notices required or convenient hereunder shall be delivered personally or by depositing <br />the same with the United States Postal Service, first class (or equivalent) postage prepaid and <br />addressed, in the case of City to be addressed as follows: <br /> <br />City of Redwood City <br />Attn: City Manager <br />1017 Middlefield Road <br />Redwood City, CA 94063 <br />or by facsimile at (650) 780-7262 <br /> <br />And to Consultant addressed as follows: <br /> <br />Ray Morneau, Arborist <br />550 South Shoreline Blvd. <br />Mountain View, CA 94041 <br /> <br />27. <br /> <br />ParaQraph Headinqs <br /> <br />Paragraph headings as used herein are for convenience only and shall not be deemed to be a <br />part of such paragraphs and shall not be construed to change the meaning thereof. <br /> <br />III <br /> <br />III <br /> <br />III <br /> <br />III <br /> <br />ATTY/AGR/2006.010 <br />3/10106 <br /> <br />7 <br /> <br /> <br />. '00' ... -.."..,..-- .....-.-- ..----,....,..........-.--..-..-- <br />