Laserfiche WebLink
6. OPERATOR Indemnification of CITY. <br />A. OPERATOR will indemnify CITY from any claims, damages, injuries, or liabilities of any <br />kind whatsoever sustained or incurred by CITY resulting from entering into this AGREEMENT, <br />and OPERATOR's performance and/or breach of this AGREEMENT. <br />B. OPERATOR agrees to defend, at its sole expense, any action against CITY, its agents, <br />officers, and employees related to this AGREEMENT. OPERATOR agrees to indemnify and <br />reimburse CITY for any court costs and attorney fees that CITY may be required to pay as a result <br />of any legal challenge related to this AGREEMENT and/or CITY's approval of a Regulatory Safety <br />Permit. CITY may, at its sole discretion, participate at its own expense in the defense of any such <br />action, but such participation shall not relieve the OPERATOR of its obligation hereunder. <br />7. OPERATOR Compliance with Laws. <br />OPERATOR agrees to comply with the City of Santa Ana Charter and Municipal Code, including <br />but not limited to Chapters 18, 21 and 40, and the laws and regulations of the State of California. <br />8. Default and Termination for Cause. <br />This AGREEMENT may be terminated by CITY for cause with thirty (30) days' written notice to <br />OPERATOR. Cause as used in this section, is defined as: <br />A. Failure to comply with the terms of the City of Santa Ana Cannabis Regulatory Safety <br />Permit issued to OPERATOR by CITY; <br />B. Failure of OPERATOR to maintain a valid active City of Santa Ana Business License as <br />the commercial cannabis business approved by the Regulatory Safety Permit and as operating; <br />C. Failure of OPERATOR to comply with the requirements of the Community Benefits and <br />Sustainable Business Practices Plan; <br />D. Unauthorized transfer by OPERATOR of the City of Santa Ana cannabis business <br />Regulatory Safety Permit issued by CITY; <br />E. Failure by OPERATOR to accurately report gross receipts information or other data <br />necessary for CITY to calculate/confirm operating agreement fees; <br />F. Failure by OPERATOR to pay operating agreement fees and related reimbursement costs <br />within thirty (30) days of the date those fees are due; <br />G. Failure by OPERATOR to cooperate with CITY or CITY's authorized agents in any <br />inspection, examination and audit of OPERATOR's commercial cannabis business books and <br />records (including tax filings and returns). <br />H. OPERATOR shall cure the default resulting from the cause for termination within thirty <br />(30) days of the date of the notice of termination. If OPERATOR fails to cure the default within <br />thirty (30) days of the date of the notice of termination for cause, this AGREEMENT will be <br />terminated. <br />This AGREEMENT will automatically terminate if: <br />