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(ii.) Notwithstanding the foregoing, the Consultant shall not be relieved of liability <br /> to the City for damages sustained by it by virtue of a breach of the Agreement <br /> by Consultant and the City may reasonably withhold payment to Consultant for <br /> the purposes of set-off until such time as the exact amount of damages due the <br /> City from the Consultant is determined. <br /> B. Termination for Convenience of City. The City may, for its convenience and <br /> without cause terminate the Services then remaining to be performed at any time by <br /> giving Consultant ten (10) days written notice. The terms of Paragraph A(i) and <br /> A(ii) above shall be applicable hereunder. <br /> C. Termination for Insolvency. The City also reserves the right to terminate the <br /> remaining Services to be performed in the event the Consultant is placed either in <br /> voluntary or involuntary bankruptcy or makes any assignment for the benefit of <br /> creditors <br /> 14. NO ASSIGNMENTS,TRANSFERS, SUBCONTRACTING. The Consultant shall not <br /> subcontract, assign or transfer any work under this agreement without the prior written consent of <br /> the City. <br /> 15. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly, <br /> voluntarily and intentionally, waives the right which any party may have to a jury trial in respect <br /> of any action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or <br /> in connection with this agreement or any course of conduct,course of dealing, statements(whether <br /> verbal or written) or actions of either of party. <br /> 16. CONFIDENTIAL INFORMATION. The Consultant shall not,either during the term of <br /> this Agreement or any time for a period of TEN (10) years subsequent to that date upon which the <br /> Consultant shall leave the employment of the City for any reason whatsoever, disclose to any <br /> person or entity, other than in the discharge of the duties of the Consultant under this Agreement, <br /> any information which the City designates in writing as "confidential." As a violation by the <br /> Consultant of the provisions of this Section could cause irreparable injury to the City and there is <br /> no adequate remedy at law for such violation,the City shall have the right, in addition to any other <br /> remedies available to it at law or in equity,to enjoin the Consultant in a court of equity for violating <br /> such provisions. <br /> 17. NOTICES. All notices and other communications required or permitted to be given <br /> under this Agreement by either party to the other shall be in writing and shall be sent (except as <br /> otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return <br /> receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, <br /> or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or <br /> registered mail, first class postage prepaid, return receipt requested or by overnight delivery by <br /> traditionally recognized courier service), addressed to such party as follows: <br /> C15 16-03 1 AEA CONSULTING LLC Page 5 of 7 <br />