13. Remedies. In the event of a material breach of the Contract Documents by
Seller, City may avail itself of any other right and remedies available at law or in equity.
Nothing herein shall limit City's rights to seek any available remedy including, but not
limited to, damages and/or equitable relief, in a court of competent jurisdiction.
Notwithstanding any provisions of this Contract, Seller shall not be relieved of
liability to City for damages sustained by City by virtue of any breach of this Contract by
Seller, and City may withhold any payments due to Seller until such time as the exact
amount of damages, if any, due City from Seller is determined. In the event of termination,
Seller shall be compensated as provided for in this Contract.
14. Compliance with Laws. Seller shall comply with all applicable laws,
ordinances, codes, rules, regulations, programs, plans, and orders in the performance of the
Contract Documents.
15. Notice of Material in Business. Seller agrees that, if it experiences a material
change in its business during the term of this Contract, including, without limitation, a
reorganization, restructuring, leveraged buyout, and/or bankruptcy, Seller will immediately
notify City of the change in writing.
16. Attorney’s Fees. If any party to this Contract shall take any action to
enforce the Contract Documents or for any relief against any other party, declaratory or
otherwise, arising out of the Contract Documents, the prevailing party shall be entitled to
reasonable attorneys' fees and costs incurred in such action, suit and/or enforcement of any
judgment granted therein, all of which shall be deemed to have accrued upon the
commencement of such action and shall be paid by the losing party whether or not such
action is prosecuted to judgment. Any judgment or order entered in such action shall
contain a specific provision providing for the recovery of attorneys’ fees and costs incurred
in enforcing such judgment: For purposes of this section, attorneys' fees shall also include,
but not be limited to, fees incurred in the following: (a) appeals or post judgment motions
and collection actions; (b) contempt proceedings; (c) garnishment, levy, and debtor and
third party examinations; (d) discovery; and (e) bankruptcy litigation. The provisions of
this section shall survive any termination of the Contract as provided for herein.
17. Notices. All notices, requests, demands, and other communications
required to or permitted to be given under the Contract Documents shall be in writing and
shall be conclusively deemed to have been duly given (a) when hand delivered to the other
party; (b) when received if sent by telex or facsimile at the address and number set forth
below; (c) three (3) business days after the same have been deposited in a United States
Post Office with certified mail, return receipt requested, postage prepaid and addressed to
the parties as set forth below; or (d) the next business day after same have been deposited
with a national overnight delivery service reasonably approved by the parties (Federal
Express and UPS being deemed approved by the parties), postage prepaid, addressed to the
parties as set forth below with next-business-day delivery guaranteed:
