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CITY's remedies for CONSULTANT's default or breach under this <br />Contract shall be one or more of the following remedies which may be exercised <br />separately or in combination at CITY's sole exclusive choice: <br />(a) Specific performance of the Contract; <br />(b) Re -performance of this Contract at no extra charge to CITY; or, <br />(c) Monetary damages in an amount not to exceed the greater of: <br />(1) The amount of any applicable insurance coverage <br />CONSULTANT is required to purchase and maintain under this <br />Contract plus any deductible amount to be paid by CONSULTANT in <br />conjunction with said coverage regardless of whether <br />CONSULTANT has actually purchased and maintained said <br />coverage; or, <br />(2) The total dollar amount of this Contract. <br />The terms of Sections XII entitled Indemnification, and XVII entitled <br />Confidential Information shall survive termination of this Contract. <br />XV. <br />Changes, <br />CITY may, from time to time, require changes in the scope of services to <br />be performed under this Contract. Such changes as are mutually agreed upon <br />by and between CITY and CONSULTANT shall be incorporated by written <br />modification to this Contract. <br />XVI. <br />Conflict of Interest <br />CONSULTANT covenants and agrees that CONSULTANT and its <br />associates and employees will have no interest, and will acquire no interest, <br />either direct or indirect, which will conflict in any manner with the performance of <br />the services called for under this Contract. All activities, investigations and <br />other efforts made by CONSULTANT pursuant to this Contract will be conducted <br />by employees, associates or subcontractors of CONSULTANT. <br />XVII. <br />Confidential Information <br />CONSULTANT hereby acknowledges and agrees that its representatives <br />may have access to or otherwise receive information during the furtherance of <br />its obligations in accordance with this Contract, which is of a confidential, non - <br />Architectural / Engineering Services Contract <br />(Toole Design Group, LLC) Page 9 of 16 <br />