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Contractor under this Agreement shall be exclusive to the Contractor. The City will not <br />let any contract to, or enter into any agreement with, any other Person for the <br />performance of the services herein required to be performed by the Contractor. <br />To the extent permitted under state or federal law, the City shall protect the <br />Contractor's exclusive rights by proper ordinances, and may take action to enforce <br />those ordinances upon request and at the City's sole and absolute discretion. Should <br />the City take administrative, law enforcement, or other legal action against any Person <br />that infringes on the Contractor's exclusive rights, the Contractor shall reimburse the <br />City for its reasonable administrative, law enforcement, or other legal costs related to <br />any such action. To the extent permitted under state or federal law, nothing herein <br />shall preclude Contractor from taking such legal action against third parties as it deems <br />appropriate to protect the exclusive nature of its Franchise. <br />2.3 Effective Date <br />The effective date of this Agreement shall be thirty (30) days after the date which the <br />City Council approves this Agreement. <br />2.4 Term of Agreement <br />The term of this Agreement shall be ten (10) years, commencing at midnight July 1, <br />2022, and expiring at midnight June 30, 2032, subject to extension as provided herein. <br />Notwithstanding the foregoing, the unexcused failure or refusal of Contractor to <br />perform any material term, covenant, obligation or condition contained in this <br />Agreement shall give rise to the right, in favor of City, for earlier termination of this <br />Agreement for cause in accordance with the procedures elsewhere contained herein. <br />2.5 Extension Period <br />2.5.1 Mutual Option to Extend <br />City and Contractor may, by mutual agreement, extend the term of the Agreement for <br />an additional five (5) years at the end of the initial ten (10) year term defined in Section <br />2.4. The mutual option to extend may be exercised by written amendment to this <br />Agreement no sooner than five (5) years prior to the expiration of the initial term <br />described in Section 2.4 and no later than two (2) years prior to the expiration of the <br />initial term defined in Section 2.4. <br />March 9, 2020 19 City of Santa Ana - DRAFT <br />60A-108 <br />