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11.0 REMEDIES. <br />In event of Operator's breach, default, abandonment or insolvency, City may: <br />A. Continue this Agreement in effect by not terminating Operator's <br />right to the Facilities, in which event City shall be entitled to <br />enforce all of its rights and remedies under this Agreement, <br />including the right to recover the compensation/consideration <br />specified in this Agreement as it becomes due under this Agreement; <br />or <br />B. Terminate this Agreement and recover from Operator any amount <br />necessary to compensate City for all detriment proximately caused <br />by Operator's failure to perform its obligations under this <br />Agreement; or <br />C. Should Operator default in the performance of any of the terms, <br />conditions, or obligations contained in this Agreement, City may, in <br />addition to the remedies specified in this section of this Agreement, <br />re-enter and regain possession of the Facilities in the manner <br />provided by the laws of the State of California then in effect. <br />D. The insolvency of Operator as evidenced by a receiver being <br />appointed to take possession of all or substantially all of the property <br />of Operator, or the making of a general assignment for the benefit of <br />creditors by Operator, or the filing of a petition in bankruptcy shall <br />terminate this Agreement and entitle City to re-enter and regain <br />possession of the Facilities. <br />12.0 GENERAL TERMS AND CONDITIONS <br />12.1 Taxes. The parties agree that if the Facilities are assessed any taxes or <br />similar fees or charges due to the activities of Operator or Operator's permitted users, <br />then Operator shall bear the entire cost of said taxes, assessments, fees or charges. <br />12.2 Liens. Operator will not permit any mechanics' or materialmen's' or other <br />liens to stand against the Facilities by reason of any use or occupancy by Operator, or any <br />person claiming under Operator. <br />12.3 Non -Discrimination. Operator shall not discriminate as to the employment of <br />persons relative to the use or operation of the Facilities, nor shall it discriminate as to the <br />persons or entities which may use the Facilities, on the basis of race, color, religion, <br />national origin, ancestry, gender, disability, sexual orientation, or medical condition, in <br />violation of state or federal laws, or on any other basis otherwise prohibited by state or <br />federal law. <br />#20089v2 <br />14 <br />