§ 13. Termination for cause.

Subject to the force majeure provision set forth herein, neither party shall terminate or cancel this contract, whether by court action or otherwise, unless there is a material default by the other party. For the purposes of this contract, a material default shall be any monetary default not cured by the company within fifteen (15) days of receipt of notice from the city and any nonmonetary default by a party not cured by such party within forty-five (45) days of receipt of notice by the nondefaulting party of such default unless such default is attributable to an event of force majeure or unless it is not reasonably possible for the defaulting party to cure the default within forty-five (45) days of receipt of notice of such default; in which case, the defaulting party shall have such amount of time reasonably necessary to cure such default. In the event that the city feels that the company is not curing the default within a reasonable time, the city may file a lawsuit seeking any and all remedies available to the city at law or in equity. Neither party shall be obligated to perform, and neither shall be deemed to be in material default hereunder if performance of a nonmonetary obligation is prevented by the occurrence of any of the following (herein called force majeure or event of force majeure ) acts of God, strikes, lockouts, other industrial disturbances, acts of the public enemy, laws, rules and regulations of applicable governmental bodies, wars or warlike action (whether actual, impending or expected and whether de jure or de factor), arrest or other restraint of government (civil military), blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, civil disturbances, explosions, nuclear reaction or radiation, radioactive contamination or any other causes, whether for the kind herein enumerated or otherwise, that are not reasonably within the control of the party claiming the right to delay performance on account of such occurrence. The termination of this contract may become effective at the discretion of the nondefaulting party no sooner than fifteen (15) days from the date required for the material default to be cured as more specifically described herein.