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e e 12.00 FAILURE TO PERFORM 12.01 NOTICE - All terms and conditions of the Contract are considered to be material and a failure to perform or a breach of any condition, term or provision of any part of the Contract shall be considered to be a default constituting grounds for termination or other default relief. Should the Contractor fail to perform any of its contractual obligations, the City shall provide written notice within ten (10) days of the failure by the Contractor. The notice shall set forth the causes and reasons for the proposed termination and cancellation. The City's failure to give notice shall not be deemed a waiver of subsequent defaults or failure to perform. 12.02 REMEDY - Should the Contractor fail to correct such breach within thirty (30) days of the notice, the City may, at its option, terminate this agreement and negotiate with other contractors for the performance of the service. Such action shall not release the Contractor of liability to the City for such breach of agreement. In the event of termination under this provision, the City may utilize the performance bond(s) to fund cost of service for collection and disposal, and may avail itself of any other remedy allowed by law for damages resulting from Contractor's failure to perform. 12.03 FORCE MAJEURE - In the event that the Contractor is delayed or prevented from continuing in the performance of this Contract by reason of an Act of God, catastrophe, riot, war, governmental order or regulation, strike or other similar or different contingency beyond the reasonable control of the Contractor, the Contractor shall not be liable for damages arising solely out of such contingency. 13.00 BASIS AND METHOD OF PAYMENT 13.01 COLLECTION AND DISPOSAL RATES - For collection and disposal services required to be performed by the Contract, the charges for' said services shall be as outlined under Exhibit A and said charges shall not exceed the rates as fixed by the Contract Documents, as adjusted in accordance with Paragraph 13.02. The Refuse collection charges provided in this section shall include all collection, disposal, billing, State fees, 4% fee payable to the City, and related costs. Bins will be deemed full for purposes of determining cubic yards collected, with the capacity as determined by the manufacturer. 13.02 MODIFICATION OF RATES - The Contractor and the City hereby agree that the fees for such refuse collection and disposal service as provided in Exhibit A shall be binding upon both parties for the first year of the Contract, that is from November 1, 2000 through October 31, 2001. In the event that the 11