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16.3 By written notice from City to Contractor at any time or for any reason, upon not less <br />than 7 days' notice in advance of the termination date. <br />Notice under paragraph 16.2 may be given at the same time as the notice under paragraph <br />15.1, with termination contingent upon Contractor's failure to perform within the time <br />specified in paragraph 15.1. Except as provided in paragraph 17 below, in the event of a <br />termination, City shall pay Contractor for the Services performed to the date of termination. <br />Any claim for relief City may have as a result of a default by Contractor shall survive <br />termination of this contract. <br />17. Obligations on Termination. Upon termination of this contract for any reason, Contractor <br />shall promptly and peaceably remove itself, its officers, its employees and all its personal <br />property from the location of performance of the Services. Contractor shall leave City's <br />property and equipment in good condition and repair and in good working order, <br />reasonable wear and tear excepted. If Contractor fails to remove its property, City may, at <br />Contractor's sole expense, remove the same to a public warehouse for storage or retain <br />the same in its own possession. If such property is not claimed by Contractor within 10 <br />days after the termination date, City may sell the same at public auction, the proceeds to <br />be applied first to the expenses of removal, storage and sale, then to any sums owed by <br />Contractor to City, with any balance remaining to be paid to Contractor. If the expenses of <br />removal, storage and sale exceed the proceeds of sale, Contractor shall promptly pay such <br />excess to City upon demand. <br />18. City's Right to Act. If Contractor fails to perform any obligation under this contract, City <br />shall have the right but not the obligation to take the action that Contractor failed to take, or <br />to engage an independent party to take such action, after giving at least five days' notice to <br />Contractor in advance of taking such action, except in the event of an emergency, as <br />determined by City, in which case no advance notice shall be required. If City takes such <br />action, Contractor shall promptly pay to City, upon demand, the sum or sums expended or <br />incurred by City and the value of the service performed by City. Any action taken by City <br />under these provisions shall not constitute a waiver by City of Contractor's default. <br />19. Standard Contract Provisions. Contractor shall comply with City's Standard Contract <br />Provisions, a copy of which is attached hereto as Exhibit A. <br />20. Subordination to Federal and State Agreements. This contract shall be subject and <br />subordinate to any existing or future Federal or State statute or any existing or future <br />agreement between City and the United States or the State of Oregon relative to the <br />development, operation or maintenance of properties of the Urban Renewal Agency of the <br />City of Eugene, the execution of which agreement has been or may be required as a <br />condition precedent to the expenditure of Federal or State funds for the development, <br />operation or maintenance of City or Urban Renewal Agency property. <br />21. Severability. In the event that any covenant, condition or provision of this contract is <br />found to be invalid by any court of competent jurisdiction, the invalidity of any such <br />covenant, condition or provision shall in no way affect any other covenant, condition or <br />provision of this contract. <br />Non - Facility Trade Service Contract - -Page 5 <br />(Revised December 1997) <br />