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provided in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise will
<br />be cumulative and concurrent and will be in addition to every other right power or remedy provided in this
<br />Agreement or now or hereafter existing at law or in equity, or by statute, or otherwise. The exercise by
<br />Operator or Owner of any one or more of the rights, powers, or remedies existing in this Agreement, or at
<br />law or in equity, or by statute, or otherwise, will not preclude the simultaneous or later exercise by the
<br />other party of any or all such other rights, powers, or remedies.
<br />N. Acceptance of Surrender: No modification,termination, or surrender of this Agreement or surrender of the
<br />Parking Facilities and/or any or all of the improvements thereon, or any part thereof, or of any interest
<br />therein by Operator will be valid or effective unless agreed to and accepted in writing by the Owner. No
<br />act by any representative or agent of Owner other than the execution of a written agreement by Owner
<br />will constitute an acceptance thereof.
<br />0. Force Maieure Delay in Performance for Causes Beyond Control of Party In addition to any other specific
<br />provisions of this Agreement, performance by either party hereunder will not be deemed to be in default
<br />where delays or defaults are due to war, insurrection, strikes, lock -outs, riots, floods, earthquakes, fires,
<br />casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes,
<br />lack of transportation, governmental restrictions or priorities, unusually severe weather, inability to secure
<br />necessary labor, materials or tools, delays of any contractor, subcontractor or supplier, acts of the other
<br />party, acts or failure to act of any public or governmental agency or entity of any other causes beyond the
<br />reasonable control or without the fault of the party claiming an extension of time to perform.
<br />P. Liens and Encumbrances: Operator agrees to protect Owner from all liens for payment of labor performed,
<br />materials supplied or used by Operator and/or other persons in connection with the services undertaken
<br />by Operator hereunder, and shall not at any time during the term of this Agreement suffer or permit any
<br />lien, attachment or encumbrance to be imposed by any person, firm or corporation upon the Parking
<br />Facility and/or Project, as applicable or any improvements thereon, by reason of any claim or demand
<br />against Operator.
<br />Q. Budget: On or before ninety days prior to each March 31 during the Term of this Agreement, Operator will
<br />submit to Owner a budget projection (the "Budget") for the ensuing fiscal year (Exhibit C), covering the
<br />next July 1 through June 30 period. The Budget will include a detailed projection of gross revenues and
<br />operating expenses. Each such proposed Budget, prior to adoption and implementation by Operator, will
<br />require the written approval of Owner. Any Budget so approved by Owner will become the Budget forthe
<br />ensuing fiscal year and will form the basis on which Operating Expenses are incurred in that fiscal year. The
<br />Budget for any fiscal year may only be amended in writing, subject to the written approval of Owner. All
<br />expenses will be charged to the proper category in the Budget, and no expenses may be classified or
<br />reclassified for the purpose of avoiding an excess in the budgeted amount of a category. Owner reserves
<br />the right to revoke its approval of any budgeted item at any time upon thirty (30) days' written notice.
<br />Upon receipt of written notice of such revocation, Operator will not thereafter cause expenditure to be
<br />made or a liability incurred for such item. In this latter regard, all employment contracts, if any, entered
<br />into by Operator at Owner's expense will be on a week -to -week basis and no supply or service contracts
<br />that provide forthe supplyof equipment, merchandise, or other services over a period of time that exceeds
<br />one (1) month will be entered into without Owner's prior written approval of same.
<br />R. Equipment and Improvements: Operator may, with Owner's prior written approval, purchase and have
<br />installed equipment or improvements that the parties agree should be installed as part of the operational
<br />requirements for the Parking Facilities. Before the approval process, Operator will procure competitive
<br />pricing bids to purchase said equipment or improvements. The bids will be compiled in a comprehensive
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