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Governments for litigation counsel. Any actions taken by CITY pursuant to this Section 12.03 <br /> shall not cure any default by OPERATOR. <br /> 12.03.2 Termination of the Agreement. In the event the defaulting party fails to cure <br /> any default of this Agreement within the applicable cure period, the non defaulting party may <br /> terminate this Agreement upon ten (10) days' written notice to the defaulting party. <br /> If CITY terminates this Agreement pursuant to this Section 12.03.2 CITY shall have the <br /> following rights: <br /> a) to collect from OPERATOR any and all monies owing CITY under this Agreement; <br /> b) to take sole possession of the Bank Account; <br /> c) to take sole possession of all equipment and materials, and <br /> d) to pursue any and all other appropriate civil and criminal remedies. <br /> OPERATOR shall be entitled to any unpaid portion of the Fixed Management Fee <br /> attributable to performance that occurred prior to OPERATOR's default, less any damages <br /> incurred by CITY as a result of OPERATOR's default. <br /> If OPERATOR terminates this Agreement pursuant to this Section 12.03.2, it may <br /> pursue any and all appropriate civil remedies including collecting from CITY all monies the <br /> CITY owes OPERATOR. <br /> 12.03.3 Remedies Cumulative. Neither the right of termination, nor the right to sue for <br /> damages, nor any other remedy available to a party under this Agreement shall be exclusive of <br /> any other remedy given under this Agreement or now or hereafter existing at law or in equity. <br /> 12.04 Effect of Termination. The termination of this Agreement under the provisions of this <br /> Article 12.0 shall not affect the rights of the terminating party with respect to any damages it <br /> has suffered as a result of any breach of this Agreement, nor shall it affect the rights of either <br /> party with respect to any liability or claims accrued, or arising out of events occurring, prior to <br /> the date of termination. <br /> 13.0 CONTRACT CANCELLATION AND CONTINGENCY. <br /> 13.01 Cancellation. CITY may cancel this Agreement, without penalty or cause, after <br /> providing OPERATOR with ninety (90) days' written notice at the end of the third year of the <br /> term of the Agreement. <br /> 42 <br />