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CITY's remedies for CONSULTANT's default or breach under this Contract <br />shall be one or more of the following remedies which may be exercised separately <br />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 CONSULTANT <br />has actually purchased and maintained said 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 be <br />performed under this Contract. Such changes as are mutually agreed upon by <br />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, either <br />direct or indirect, which will conflict in any manner with the performance of the <br />services called for under this Contract. All activities, investigations and other <br />efforts made by CONSULTANT pursuant to this Contract will be conducted by <br />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 its <br />obligations in accordance with this Contract, which is of a confidential, non-public <br />or proprietary nature. CONSULTANT shall treat any such information received in <br />Professional Services Contract <br />McDoux Preservation LLC Page 8 of 18 <br />