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Page 26 The City may request, and Contractor shall agree, to additional Collections, as reasonably necessary, during a declared emergency or disaster in the City. The cost of this service will be mutually negotiated between the Contractor and the City. The Contractor shall provide the City with a digital copy of the Contractor’s business continuity plan when there is a declared emergency or disaster affecting the City. 16.TERMINATION OF CONTRACT 16.1.City May Terminate The City reserves the right to terminate this Contract for Contractor’s material default of this Agreement. In the event of material default, the City must serve written notice upon the Contractor of the City’s intent to terminate. Unless the Contractor has cured the default within twenty-one (21) days after the City served such notice of default, the Contract shall terminate. The City and the Contractor may agree to a continuance period in which the Contractor must cure the default. Upon termination, the City may retain another Contractor or assign City employees and equipment to perform the services to be provided by the Contractor. 16.2.City's Rights Upon the Contractor's Failure to Perform In addition to the right of the City to terminate this Contract, upon failure of Contractor to fulfill any of the provisions of the Contract, the City may hire such persons, or assign such City employees and equipment, as may be necessary to perform such work. The cost and expense thereof may be charged and deducted from amounts due to Contractor, collected from Contractor as damages, or collected by recourse from Contractor's letter of credit or escrow account required by Section 22 of this Contract. 16.3.City's Claim for Damages Failure by the Contractor to perform its obligations under this Contract may also result in claims by the City for any damages to the City as a result of Contractor's failure to perform. The City shall inform Contractor of such failures in writing. The Contractor shall have seven days from the date of notice to correct such failures before the City may make a claim for actual damages. 16.4.Attorneys' Fees and Costs In the event of the Contractor’s failure to perform its obligations under the Contract, the Contractor agrees to pay, in addition to the liquidated damages and actual damages sustained by the City as a result thereof, the reasonable attorney's fees incurred by the City in pursuing any of its rights under the Contract. 16.5 Mediation The City and Contractor agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Contract to mediation. The parties shall decide whether mediation shall be binding or non-binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies. 141