Internal Affairs Unit - Cleveland.com

B.
(5) Contractor fails to pay promptly any monies required under this
Agreement to the City within 10 days after receipt of written
notice given in accordance with Article XV; or
(6) Contractor fails to keep, perform, and observe any of the terms
of this Agreement and this failure continues for a period of
10 days after receipt of notice from the City, except when
. fulfillment of its obligation requires activity over a period of time and
Contractor has commenced to perform to the satisfaction of the City
whatever may be required for fulfillment within 5 days after
receipt of notice given in accordance with Article XV and continues
such performance without interruption.
City'S Remedies For Default Upon the happening of anyone or more
of the events set forth in Paragraph A of this Article or upon any other default or breach
of this Agreement, the City may exercise concurrently or successively anyone or more
of the following rights and remedies:
(1) Upon five days' notice, terminate this Agreement;
(2) Without waiving any default, pay any sum required to be paid by
Contractor to others than the City and which Contractor has failed
to pay and perform any obligation required to be performed by
Contractor under this Agreement. Any amounts paid by the City in
fulfilling the obligations of Contractor under this Agreement,
including all interest, costs, damages, attorneys'· fees, and
penalties, shall be repaid by Contractor to the City on demand with
interest at the rate of 12% per annum from the date of such
payment;
(3) Sue for the collection of fees or other amounts for which Contractor
may be in default or for the performance of any other promise or
agreement devolving upon Contractor for performance or damage
therefor, all without terminating this Agreement; and
(4) ExerCise any and all additional rights and remedies that the City
may have at law or in equity.
C. Waiver of Default
No waiver by the City of any of the terms or conditions of this Agreement shall
be considered as a waiver of the term or condition or any other term or condition in this
Agreement. No delay, failure, or omission of the City to exercise any right, power,
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