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to City before work begins. However, failure to obtain the required <br />documents prior to the work beginning shall not waive TKO's <br />obligation to provide them. <br />xi. The City reserves the right to require complete, certified copies of <br />all required insurance policies, including endorsements required by <br />these specifications, at any time. <br />xii. Special Risks or Circumstances- The City reserves the right to <br />modify these requirements, including limits, based on the nature of <br />the risk, prior experience, insurer, coverage, or other special <br />circumstances. <br />12. Assi ng ment. TKO shall not assign all or any portion of this Agreement, nor shall <br />TKO, without the written consent of the City Council, enter into any agreement <br />allowing the use by another person of the Fitness Room granted by this Agreement. <br />13. Relationship of the Parties. Nothing in this Agreement shall effect or create a <br />partnership between the Parties. Any persons retained by TKO shall at all times be <br />its employees or independent contractors and not employees or independent <br />contractors of the City. TKO shall have no power to incur debt, obligation or <br />liability on behalf of the City. The City shall not have control over the conduct of <br />TKO, except as set forth in this Agreement. TKO shall not, at any time, or in any <br />manner, represent that it or any of its officers, agents, employees, contractors or <br />volunteers are in any manner employees or contractors of the City. <br />14. Termination for Cause. Should TKO be dissolved or if a petition in bankruptcy or <br />insolvency be filed by or against TKO, whether voluntarily or involuntarily, or if <br />use of Fitness Room is abandoned for a period of thirty (30) days; or if the uses <br />conducted so as to constitute a public nuisance, or if any of the provisions of this <br />Agreement are breached and the breach if not corrected within ten (10) days after <br />written notice from the City to TKO, then the City may immediately terminate this <br />Agreement by written notice to TKO and recover and resume possession of Fitness <br />Room. <br />15. Remedies for Termination for Cause. In the event of TKO's breach, default, <br />abandonment or insolvency, City may: <br />A. Terminate the Agreement and recover from TKO any amount necessary to <br />compensate City for all detriment proximately caused by TKO's failure to <br />perform its obligations under this Agreement. <br />B. Should TKO default in the performance of any of the terms, conditions, or <br />obligations contained in this Agreement, City may, in addition to the <br />remedies available pursuant to the law and this Agreement, re-enter and <br />Facility Use Agreement With TKO Youth Foundation <br />6 <br />