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officers, agents, employees, consultants, and subconsultants, and nothing herein <br />shall be construed as creating a partnership or joint enterprise between CITY and <br />CONSULTANT. <br />XV. <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 fifteen (15) days written notice thereof, to terminate <br />this Contract. Any such act by CITY shall not be deemed a waiver of any other <br />right or remedy of CITY. If after exercising any such remedy due to <br />CONSULTANT's nonperformance under this Contract, the cost to CITY to <br />complete the work to be performed under this Contract is in excess of that part of <br />the Contract sum which has not theretofore been paid to CONSULTANT <br />hereunder, CONSULTANT shall be liable for and shall reimburse CITY for such <br />excess. CONSULTANT'S liability under this provision shall be limited to the total <br />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 VIII entitled Cooperation of CITY,_Confidentiality of <br />Information and Trademark and XIII entitled Indemnification shall survive <br />termination of this Contract. <br />Professional Services Contract <br />DeadCat Media, LLC Page 7 of 17 <br />