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L. 1 ILL. <br />Mr. Larry Neilson <br />August 31, 1989 <br />Page Four <br />r. = la <br />"31. Termination. <br />(a) The City shall have the right to terminate this <br />Contract if in the City's judgment there has been a <br />breach of any material provision thereof by the <br />Contractor, or if in the City's judgment there is <br />other good cause for termination. Continuing breach <br />or good cause shall not be deemed to be waived because <br />it was not followed by prompt termination. <br />(b) Upon failure of the Contractor to fulfill any of <br />the provisions of this Contract, the City shall be <br />authorized to hire such personnel and equipment, or <br />assign City employees and equipment, as may be <br />necessary to do such work, and the cost of such <br />expenses thereof may be charged and deducted from any <br />monies due the Contractor, collected from the <br />Contractor, or collected by recourse to the <br />Contractor's financial guaranty. <br />(c) Notwithstanding, the foregoing paragraphs, the <br />Contractor shall not be in breach and the City will <br />have no right to terminate the agreement unless <br />Contractor fails to cure said breach or failure to <br />perform within thirty (30) days of receipt by <br />Contractor of the written notice from the City. The <br />breach or failure must be cured to the satisfaction of <br />the Superintendent of Public Works." <br />on Page 17, the second signator on behalf of the City of <br />Little Canada is "Annette Freeman, Deputy city Clerk." <br />Would you please review the enclosed recommendations and <br />contact me Friday morning. If the enclosed is acceptable, would <br />you please incorporate the same in the final draft of the <br />Contract, and make the necessary arrangements to have the <br />Contractors Execute the same. Would you then please deliver an <br />executed copy to the City for execution by the Mayor and Deputy <br />City Clerk. <br />Page 31 <br />