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if it commences to cure within the thirty (30) day period , and diligently pursues <br />same to completion within ninety (90) days following receipt by Consu ltant of <br />such written notice. In the event of termination by the City hereunder, Consultant <br />sha ll be entitled to fees due to the date the notice of breach is sent by the City. <br />c. [f Consultant or City (as applicable) (i) files a voluntary petition in bankruptcy <br />(ii) files a voluntary petition for reorganization under any bankruptcy law, statute <br />or regulation or other similar statute or regulation, (iii) is adjudicated a bankrupt, <br />(iv) makes an assignment for the benefit of creditors or applies for or consents to <br />the appointment of a receiver or trustee as part of or in conjunction with a <br />"creditor plan" with respect to any substantial part of its assets, or (v) a receiver or <br />trustee is appointed , or an attachment or execution levied with respect to any <br />substantial part of its assets , and said appointment is not vacated , or the <br />attachment or execution not released , within sixty (60) days, then this Agreement <br />shall , effective as of such date, without notice or further action by either party , <br />immediately terminate. <br />d. Consultant may terminate this Agreement upon the breach by City of any of its <br />material covenants contained herein , where such breach shall have continued for a <br />period of thirty (30) days following the receipt by City of a written notice from <br />Consultant, specifying the alleged breach; provided, however, if the nature of a <br />non-monetary breach is such that City cannot reasonably cure same in the thirty <br />(30) day period , City sha ll not be deemed to be in breach if it commences to cure <br />within the thirty (30) day period , and diligently pursues same to completion <br />within ninety (90) days following receipt by City of such written notice. In the <br />event of termination by Consultant hereunder. Consultant s hall be entitled to <br />retain the entire fee under this Agreement. <br />5. Insurance. <br />a. During the term of this Agreement, the Consultant shall obtain and maintain <br />workers compensation, comprehensive general liability, and automobile liability <br />insurance. Comprehensive general liability insurance shall have an aggregate <br />limit of Two Million Dollars ($2 ,000,000.00). <br />b. Upon request by the City, the Consultant shall provide a certificate or certificates <br />of insurance relating to the insurance required. Such insurance secured by the <br />Contractor shall be issued by insurance companies lic ensed in Minnesota. The <br />insurance specified may be in a policy or policies of insurance, primary or excess. <br />c. Such insurance shall be in force on the date of execution of an Agreement and <br />shall remain continuously in force for the duration of the Agreement. <br />fb .us.3 166 730.04 3 <br />21