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10.1 If LETG breaches a material obligation under this Agreement and does not cure the breach <br />a after CoR provides it with thirty days notice, CoR may terminate this Agreement and then have <br />a the services to be provided be completed by such means and in such manner as it may deem <br />a advisable, utilizing for such purpose such subcontractors as it may deem advisable. After <br />a completion, LETG shall reimburse CoR for these costs. LETG shall also be responsible for <br />a any expenses incurred by CoR that exceed any amounts owed by CoR to LETG. LETG shall <br />a in no way hinder or interfere with any other contractors or persons whom CoR may engage to <br />a provide the services. Upon termination, the service fees that have been prepaid by CoR shall <br />a be prorated from the date of termination and all remaining amounts shall be refunded by <br />a LETG to CoR. LETG shall also be responsible for any damages, losses, attorneys' fees and <br />a other costs incurred by CoR. <br />a 10.2 CoR may also declare LETG to be in default as to a portion of the services only. In that event, <br />a and where LETG is unable to cure the breach, LETG shall discontinue work with respect to <br />a that particular service but shall continue performing the remainder of the services in strict <br />a conformity with the terms of this Agreement, and shall in no way hinder or interfere with any <br />a other contractors or persons whom CoR may engage to perform the services. CoR may have <br />a that those services completed by such means and in such manner as it may deem advisable, <br />a utilizing for such purpose such subcontractors as it may deem advisable. After completion, <br />a CoR shall deduct its costs from its next payment of the biyearly service fees to be prepaid to <br />a LETG. LETG shall also be responsible for any damages, losses, attorneys' fees and other <br />a costs incurred by CoR that exceed the biyearly service fees. <br />Section 11. GENERAL TERMS AND CONDITIONS. <br />11.1 Notices required under this Agreement to be given by one party to the other must be in <br />y writing and either delivered in person or sent to the address shown below by certified mail, <br />a return receipt requested and postage prepaid (or by a recognized courier service), or by <br />4 facsimile with correct answerback received, and shall be effective upon receipt. <br />City of Roseville <br />2660 Civic Center Drive <br />Roseville, Minnesota 55113 <br />Attn : <br />LETG, LLC <br />6120 Berkshire Lane North <br />Plymouth, Minnesota 55446 <br />Attn: <br />11.2 Failure or delay by either party to exercise any right or power under this Agreement shall <br />not operate as a waiver of such right or power. For a waiver to be effective, it must be in <br />writing signed by the waiving party. An effective waiver of a right or power shall not be <br />construed as either a future or continuing waiver of that same right or power, or the waiver <br />of any other right or power. <br />Page 12 of 19 <br />