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p. Bean Sprouts will comply with all applicable labor and employment laws and regulations. Bean Sprouts will be responsible for withholding of all payroll taxes and reporting of wages and any all worker's compensation injuries that may occur. q. Hours of Operation- Bean Sprouts shall keep facilities at the Premises open seven (7) days a week from 10 a.m to 4:00 p.m., except for Thanksgiving Day, Christmas Day, and New Years' Day, and any other day upon which the Zoo is closed. r. Pricing- The prices charged by Bean Sprout shall be similar to those charged by family destinations in Southern California for similar foods or beverages. In the event that City detenmincs that prices charged by Bean Sprout pursuant to this Agreement are not consistent with restaurants located within family destinations, the City will meet and confer and make such adjustments that are necessary to keep prices competitive as compared to restaurants located within family destinations in Southern California selling similar foods and beverages. Pricing shall be obvious and easy to read and determine by Zoo patrons. s. Cooperation with any Successor- Bean Sprouts agrees to cooperate with any successor Bean Sprouts in the event of termination or expiration of this Agreement and to do so with the least amount of disruption as is possible for the Zoo patrons and the City, t. Avoidance of Liens- in the performance of work done pursuant to any propose modifications or improvements to the Premises, Bean Sprouts shall keep the Premises free and clear of any mechanics or materials liens. Bean Sprouts shall indemnify and hold harmless City against any such liens or claims of lien's filed by Bean Sprouts contractors or material suppliers. u. On -Site Manager- Bean Sprouts will hire a qualified food service manager for its operations at the Premises. Such person will have the experience necessary to manage operations and employees and will have fall power and authority to accept service of all notices provided for herein and to oversee operation of the concession business herein authorized. Said manager will be on site during regular business hours and if unavailable, a responsible subordinate will be in charge and available. 9. ANNUAL AUDIT Within ninety (90) days of the end of the fiscal year, Bean Sprouts will provide to the City a statement of its total gross revenues for the past fiscal year or portion thereof as applicable. The financial report shall be prepared by an accounting firm approved by the City's Executive Director of the Finance and Management Agency. Said report will comply with Government Accountability Standards. If such audit reveals that there was an underpayment of monthly gross receipts due to City pursuant to this Agreement, Bean Sprouts will pay to City the amount of the underpayment within sixty (60) days of the date of the final accounting report. If such audit reveals overpayment of monthly gross receipts paid to the City pursuant to this Agreement, Bean Sprouts will notify City in writing within sixty (60) days of the date of the final accounting Page 8 of 17