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C. The Provider's failure to complete the Services in accordance with this <br />Aareement will be considered a material breach. In the event of anv breach of this 4,%reew ent bv *e <br />IV =$4r===1MWMQ-M Mau =,,Mom F111IMS rims I <br />I YV1?Y1j-V1—iW11_-Y1YcTY <br />pursue any and all remedies available at law or in equity, up to the amount paid to Provider due to <br />such breach. <br />D. Failure of City to make payments to Provider in accordance with this Agreement <br />will be considered material breach. Provider mai terminate thisigrew ivr �v 11at C <br />M <br />act of default within forty-five (45) days after receipt of written notice from Provider requesting <br />that the default be remedied or cured. Termination of this Agreement will not relieve City of the <br />i av Davments due. nor will it relieve CiV of its obli tir(Lti-st <br />4 Point of Contact. The City employee identified in Section 10 below will serve <br />the City's principal point of contact for purposes of this Agreement. <br />I I - <br />lam rMMI 66111,11111W4 ;1 - - W MMMERM - <br />Soruccs TaLner Man al- empiolee *I We %-ni" Unu no a '440) 1ISS10111 to act DY <br />the Provider shall in any way bind or obligate the City. No employee of the Provider will be <br />considered or deemed to be an employee of the City. This Agreement is strictly for the benefit of <br />the Parties and not for any third party or person. This Agreement was negotiated by the Parties at <br />arm's length and each of the parties hereto has reviewed the Agreement after the opportunity to <br />consult with independent legal counsel. Neither party shall maintain that the language in the <br />Agreement shall be construed against any signatory hereto. The City and the Provider hereby <br />Provider and the City and agree that nothing contained herein or in any document executed in <br />connection herewith shall be construed as creating any such relationship between the City andthe <br />Provider. <br />arise from (i) any breach or violation of this Agreement by City; (ii) any negligence, gross <br />I U-Q�M I I aldlif If EX"I Ell <br />