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officers, agents, employees, contractors, and subcontractors, and nothing herein <br />shall be construed as creating a partnership or joint enterprise between CITY and <br />CONSULTANT. <br />XIV. <br />Default <br />If at any time during the term of this Contract, CONSULTANT shall fail to <br />commence the work in accordance with the provisions of this Contract or fail to <br />diligently provide services in an efficient, timely and careful manner and in strict <br />accordance with the provisions of this Contract or fail to use an adequate number <br />or quality of personnel to complete the work or fail to perform any of its obligations <br />under this Contract, then CITY shall have the right, if CONSULTANT shall not <br />cure any such default after thirty (30) days written notice thereof, to terminate this <br />Contract. Any such act by CITY shall not be deemed a waiver of any other right <br />or remedy of CITY. If after exercising any such remedy due to CONSULTANT's <br />nonperformance under this Contract, the cost to CITY to complete the work to be <br />performed under this Contract is in excess of that part of the Contract sum which <br />has not theretofore been paid to CONSULTANT hereunder, CONSULTANT shall <br />be liable for and shall reimburse CITY for such excess. CONSULTANT'S liability <br />under this provision shall be limited to the total dollar amount of this Contract. <br />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 />Professional Services Contract <br />McDoux Preservation LLC Page 8 of 16 <br />