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<br />c) The foregoing notwithstanding, any individual, corporation or other entity which attempts <br />to meet its contractual obligations with the City through fraud, misrepresentation or <br />material misstatement may be debarred from City contracting. <br /> <br />In addition to cancellation or termination as otherwise provided in this Agreement, the City may at <br />any time, in its sole discretion, with or without cause, terminate this Agreement by written notice <br />to the Contractor and in such event: <br /> <br />d) The Contractor shall, upon receipt of such notice, unless otherwise directed by the City: <br /> <br />I. stop work on the date specified in the notice ("the Effective Termination Date"); <br />take such action as may be necessary for the protection and preservation of the City's <br />materials and property; <br /> <br />H. cancel orders; <br /> <br />IV. assign to the City and deliver to any location designated by the City any non- <br />cancelable orders for Deliverables that are not capable of use except in the <br />performance of this Agreement and which have been specifically developed for the <br />sole purpose of this Agreement and not incorporated in the Services; <br /> <br />v. take no action which will increase the amounts payable by the City under this <br />Agreement. <br /> <br />e) In the event that the City exercises its right to terminate this Agreement pursuant to this <br />Article the Contractor will be compensated as stated in the payment Articles, <br />herein, for the: <br /> <br />I. portion of the Services completed m accordance with the Agreement up to the <br />Effective Termination Date; and <br /> <br />H. non-cancelable Deliverables that are not capable of use except in the performance of <br />this Agreement and which have been specifically developed for the sole purpose of <br />this Agreement but not incorporated in the Services. <br /> <br />f) All compensation pursuant to this Article is subject to audit. <br /> <br />ARTICLE 26. EVENT OF DEFAULT <br /> <br />a) An Event of Default shall mean a breach of this Agreement by the Contractor. Without <br />limiting the generality of the foregoing and in addition to those instances referred to herein <br />as a breach, an Event of Default, shall include the following: <br /> <br />I. the Contractor has not delivered Deliverables on a timely basis; <br /> <br />H. the Contractor has refused or failed, except in any case for which an extension of time <br />is provided, to supply enough properly skilled Staff Personnel; <br /> <br />HI. the Contractor has failed to make prompt payment to suppliers for any Services; <br /> <br />45 <br />