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8.8: REMEDIES FOR BREACH: Should Contractor fail to perform, City Shall notify Contractor in writing of such <br />failure to perform and Contractor shall have thirty (30) days of receiving such notice to cure such failure. If Contractor <br />is unable to cure such failure to perform then City shall receive a refund equal to the actual cost of a third party to cure <br />such failure. The City may sue for damages in circuit court. If City fails, refuses or is unable to perform any term of this <br />agreement, City shall pay for services rendered as of the date of termination. <br />8.9: ATTORNEY'S FEES: If this matter is placed in the hands of an attorney for collection, or in the event suit or <br />action is instituted to enforce any of the terms or conditions of this agreement, the losing party shall pay to the prevailing <br />party, in such suit or action in both trial court and appellate court, together with reasonable attorney's fees for the <br />anticipated cost of collection and judgement enforcement. <br />00210-9 <br />