BEAN SPROUTS, LLC - Laserfiche WebLink

Home Browse Search

20. ASSIGNMENT AND SUBLETTING a. Inasmuch as this Agreement is intended to secure the specialized services of Bean Sprouts, Bean Sprouts may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other concessionaries retained by City. b. Bean Sprouts has no right to sublet the Premises. 21. TERMINATION a. By Cit X- If Bean Sprouts breaches any of the provisions of this Agreement, City shall provide written notice thereof to Bean Sprouts, and shall thereafter afford Bean Sprouts thirty (30) days in which to cure any such breach. If Bean Sprouts fails to cure such breach during such cure period, this Agreement will terminate upon the expiration of the cure period. b. By Bean Snrouts- if Citv breaches anv of the Drovisions of this 22. WAIVER Bean Sprouts shall provide written notice thereof to City, and shall thereafter afford City thirty (3 0) days in which to cure any such breach. I£ City fails to cure such breach during such cure period, this Agreement will terminate upon the expiration of the cure period. These termination rights are in addition to the termination right set forth in Section 5 hereof. No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 23. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 24, PROFESSIONAL LICENSES Bean Sprouts shalt, throughout the term of this Agreement, maintain all necessary licenses, pen -nits, approvals, waivers, and exemptions necessary for the provision of the services hereunder Page 13 of 17