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<br />] 5. REMEDIES FOR BREACH: Should Contractor fail to perfol1n, City shall notify Contractor in <br />writing of such failure to perf 01111 and Contractor shall have thilty (30) days of receiving such notice to <br />cure such failure. If Contractor is unable to cure such f~lilure to perform, then City shall receive a refund <br />from the Contractor in an amount equal to the actual cost of a third party to cure such failure. The City <br />may sue for damages in circuit court. If City fails, refuses or is unable to perf 01111 any tel1n of this <br />agreement, City shall pay for Services rendered as of the date of termination. <br /> <br />16. ATTORNEY'S FEES: If this matter is placed in the hands of an attol11ey for collection, or in the <br />event suit or action is instituted to enforce any of the terms or conditions of this agreement, the losing <br />party shall pay to thc prevailing patty, in such suit or action in both trial COUlt and appellate court, <br />together with reasonable attorncy's fees for the anticipated cost of collection and judgment enforcement. <br /> <br />17. MISCELLANEOUS: <br /> <br />A. In the event any provision of this Agreement is found to bc void and unenforceable by a <br />COUlt of competent jurisdiction, the remaining provisions of this Agreement shall nevcrtheless be <br />binding upon the patties with the same effect as though the void or unenforceable provisions had <br />been severed and deleted. <br /> <br />B. This Agreement may be executed in multiple identical countelvarts, each of which shall <br />be dcemed an original for all pUlvoses. <br /> <br />C. This Agreement shall constitute the entire agreement between the parties with respect to <br />the subject matter hereof, and it shall supcrsede all previous and contemporaneous oral and <br />written negotiations, commitments, agreements and undcrstanding relating hcreto. <br /> <br />D. Any modification of this Agreement shall be effective only ifin writing and signed by the <br />parties to this Agreement. <br /> <br />E. No waiver of any provision of this Agrecment shall be valid or enforceable unless such <br />waiver is in writing and signed by the party granting such waiver. <br /> <br />18. CONFLICTING PROVISIONS: The terms and conditions 111 this Agreement supersede <br />any other conl1icting provisions that are contained in any other document. <br /> <br />(The remainder q{fhis page has he en infentionally lefi hlank) <br /> <br />Southeast Mechanical Contractors <br /> <br />5 <br /> <br />SIB <br />