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provisions of this Agreement, that (to the fullest extent <br />permitted by law and equity and excepting only in the <br />manner and to the extent specifically provided otherwise in <br />this Agreement) no transfer of, or any interest therein, <br />however consummated or occurring, whether voluntary or <br />involuntary, shall operate, legally or practically, to deprive <br />or limit the City of or with respect to any rights or remedies <br />or controls provided in or resulting from this Agreement; <br />and <br />4) There shall be submitted to the City for review all <br />instruments and other legal documents involved in <br />effecting such transfer, and if approved by the City, its <br />approval shall be indicated to the Contractor in writing. The <br />proposed transferee shall submit to the City for review all <br />bonds, insurance certificates, and any and all other <br />documents required by this Agreement, and if approved by <br />the City, its approval shall be indicated to the proposed <br />transferee in writing. <br />8. Payment of Subcontractors and Employees. The Contractor shall promptly <br />pay all persons doing work or furnishing skills, tools, machinery, <br />materials, insurance premiums, equipment or supplies and all just claims <br />for such work, material, equipment, insurance, and supplies in and above <br />the performance of this Agreement. <br />9. Termination. This Agreement may be terminated only by one of the <br />following: <br />a. By written agreement by the parties. <br />b. By either party if the other party is in violation of the terms of this <br />Agreement. In this instance, a written notice will be sent to the <br />non -breaching party allowing ten (10) days to comply. Failure to <br />comply with this Agreement will result in cause for the non - <br />breaching party to terminate this Agreement by written notice to <br />the other party. <br />C. By the City, if more than five (5) complaints regarding <br />Contractor's performance under this Agreement are received in <br />one (1) month. In this instance, Contractor will be put on probation <br />for six (6) months. If any additional complaints are received during <br />the six-month probation period, this Agreement may be terminated <br />by the City upon written notice to the Contractor. <br />17 <br />221122v2 <br />