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• • <br /> 4124 Section 15.10 (or, if he /she is unavailable, to a responsible employee of Contractor) <br /> 4125 and shall be effective immediately. Written confirmation of such oral notice of <br /> 4126 suspension or termination shall be sent by personal delivery, facsimile, or other <br /> 4127 expedited means of delivery to Contractor within twenty -four (24) hours of the oral <br /> 4128 notification at the address shown in Section 15.09. Contractor shall continue to <br /> 4129 perform the portions of the Agreement, if any, not suspended, in full conformity with <br /> 4130 its terms. <br /> 4131 B. Agency may also suspend or terminate this Agreement, upon the same notice <br /> 4132 provisions, if Contractor's ability to perform is prevented or materially interfered with <br /> 4133 by a cause which excuses nonperformance under Section 14.09, despite the fact <br /> 4134 that nonperformance in such a case is neither a breach nor a Contractor default. <br /> 4135 14.03 SPECIFIC PERFORMANCE <br /> 4136 By virtue of the nature of this Agreement, the urgency of timely, continuous and high - <br /> 4137 quality service, the lead time required to effect alternative service, and the rights granted <br /> 4138 by Agency to Contractor, the remedy of damages for a breach hereof by Contractor is <br /> 4139 inadequate and Agency shall be entitled to injunctive relief. <br /> 4140 14.04 RIGHT TO PERFORM; USE OF CONTRACTOR PROPERTY <br /> 4141 If this Agreement is suspended and /or terminated due to a Contractor default, Agency <br /> 4142 shall have the right to perform, by contract, in conjunction with other Member Agencies, <br /> 4143 or otherwise, the work herein or such part thereof as it may deem necessary. In the <br /> 4144 event of Contractor's default, Agency shall have the right to use any of Contractor's <br /> 4145 equipment, facilities and other property reasonably necessary for the provision of <br /> 4146 services hereunder and for the Billing and collection of fees for those services, upon the <br /> 4147 terms provided in Article 12. Agency shall have the right to continue use of such <br /> 4148 property until other suitable arrangements can be made for the provision of such <br /> 4149 services, which may include the award of a contract to another service provider. <br /> 4150 14.05 DAMAGES <br /> 4151 Contractor shall be liable to Agency for all direct, indirect, special and consequential <br /> 4152 damages arising out of Contractor's default. This section is intended to be declarative of <br /> 4153 existing California law. <br /> 4154 14.06 AGENCY'S REMEDIES CUMULATIVE <br /> 4155 Agency's rights to suspend or terminate the Agreement under Section 14.02, to obtain <br /> 4156 specific performance under Section 14.03 and to perform under Section 14.04 are not <br /> 4157 exclusive, and Agency's exercise of one such right shall not constitute an election of <br /> 4158 remedies. Instead, they shall be in addition to any and all other legal and equitable <br /> 4159 rights and remedies that Agency may have, including a legal action for damages under <br /> 4160 Section 14.05 or imposition of Liquidated Damages under Section 14.07. <br /> 4161 14.07 LIQUIDATED DAMAGES <br /> 4162 The Parties acknowledge that consistent, courteous and efficient Collection of Solid <br /> 4163 Waste, Targeted Recyclable Materials and Organic Materials is of utmost importance <br /> Franchise Agreement for Collection Services with Recology San Mateo County <br /> City of Redwood City <br /> ATTY /AGR/2010.014 <br /> 040510 Page 103 of 115 <br />