GJN50210 Tom's Landscapes Contract (2)

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j Notice under paragraph 16.2 may be given at the same time as the notice under paragraph 15.1, with termination contingent upon Contractor's failure to perform within the time specified in paragraph 15.1. Except as provided in paragraph 17 below, in the event of a termination, City shall pay Contractor for the Services performed to the date of termination.. Any claim for relief City may have as a result of a default by Contractor shall survive. termination of this contract. 17. Obligations on Termination. Upon termination of this contract for any reason, Contractor shall promptly and peaceably remove itself, its officers, its employees`'and all its personal property from the location of performance of the Services. Contractor shall leave City's property and equipment in good condition and repair and in good working order, reasonable wear and tear excepted. If Contractor fails to remove its property, City may, at Contractor's sole ex ense remove the same to a ublic warehous fo p e r stora a or retain P 9 ~ the same in its own possession. If such property is not claimed by Contractor within 10 days after the termination date, City may sell the same at public auction, the proceeds to be applied first to the expenses of removal, storage and sale, then to any sums owed by Contractor to City, with any balance remaining to be paid to Contractor: If the expenses of removal, storage and sale exceed the proceeds of sale, Contractor shall promptly pay such excess to City upon demand. 18. City's Right to Act. If Contractor fails to perform any obligation under this contract, City shall have the right but not the obligation to take the action that Contractor failed to take, or to engage an independent party to take such action, after giving at least five days' notice to Contractor in advance of taking such action, excepf in the event'of an emergency, as determined by City, in which case no advance notice shall be required. If City takes such action, Contractor shall promptly pay to City, upon demand, the sum or sums expended or incurred by City and the value of the service performed by City.. Any action taken by City under these provisions shall not constitute a waiver by City of Contractor's default. 19. Standard Contract Provisions. Contractor shall comply with City's Standard Contract Provisions, a copy of which is attached hereto as Exhibit A. 20. Subordination to Federal and State Agreements..This contract shall6'e subject and .subordinate to any existing or future Federal or State statute or any existing or future agreement between City and the United States or the State of Ore on relative to the 9 development, operation or maintenance of properties of the Urban Renewal Agency of the City of Eugene, the execution of which agreement has been or may be required as a condition precedent to the expenditure of Federal or State funds for. the development, _ operation or maintenance of City or Urban Renewal Agency property. 21. Severability. In the event that any covenant, condition or provision of this contract is found to be invalid by any court of competent jurisdiction, the invalidity of any such covenant, condition or provision shall in no way affect any other covenant, condition or provision of this contract. 22. ,Non-Waiver. Waiver by either party of strict performance of any provision of this contract. shall not be a waiver of, nor prejudice the party's right to require, strict performance of the same provision or any other provision of the contract in the future. Non-Facility Trade Service Contract-Page 5 {Revised December 1997)