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10 <br />If this AGREEMENT terminates due to non-performance by OPERATOR, then (i) any <br />remaining unpaid Monthly Operating Fee that was due for any period before the date of that <br />termination shall be immediately due and payable to City and (ii) OPERATOR at its sole <br />cost, shall immediately remove the billboard and visible supporting equipment installed <br />pursuant to this AGREEMENT and shall return the site to an acceptable condition wherein <br />the billboard and its accompanying equipment and improvements are removed, and the site <br />is graded, landscaped, irrigated, and secured; provided, that if OPERATOR fails to remove <br />any of the billboard within ninety (90) days after this AGREEMENT is terminated pursuant to <br />this subsection, then City shall be entitled to remove the remaining billboard and dispose of <br />same. If City is required to exercise its rights under this AGREEMENT due to OPERATOR’S <br />failure to remove the billboard, then City shall be entitled to be reimbursed by OPERATOR <br />any and all direct expenses incurred by City in exercising its rights under this subsection <br />within no more than ten (10) days following City's delivery of an invoice demanding payment <br />for such expenses. Any such removal of the billboard by City shall not entitle OPERATOR to <br />any damages of any kind whatsoever against any or all City Parties, and OPERATOR <br />hereby releases and holds all City Parties harmless from indemnified claims and liabilities <br />for any action by any of the City Parties in removing the billboard. OPERATOR hereby <br />consents to City's entry onto the site to accomplish such removal. <br />14. Termination Without Cause. <br />This AGREEMENT may be terminated for convenience by the City upon twelve (12) <br />months written notice of termination, provided that such termination cannot occur within the <br />initial ten (10) years from the Commencement Date. In such event, City shall be entitled to <br />receive, and the OPERATOR shall pay City, compensation for all Monthly Operating Fees <br />due to the City up to the termination date. <br />If this AGREEMENT terminates due to non-performance by OPERATOR, then (i) any <br />remaining unpaid Monthly Operating Fee that was due for any period before the date of that <br />termination shall be immediately due and payable to City and (ii) OPERATOR at its sole <br />cost, shall immediately remove the billboard and visible supporting equipment installed <br />pursuant to this AGREEMENT and shall return the site to an acceptable condition wherein <br />the billboard and its accompanying equipment and improvements are removed, and the site <br />is graded, landscaped, irrigated, and secured; provided, that if OPERATOR fails to remove <br />any of the billboard within ninety (90) days after this AGREEMENT is terminated pursuant to <br />this subsection, then City shall be entitled to remove the remaining billboard and dispose of <br />same. If City is required to exercise its rights under this AGREEMENT due to OPERATOR’S <br />failure to remove the billboard, then City shall be entitled to be reimbursed by OPERATOR <br />any and all direct expenses incurred by City in exercising its rights under this subsection <br />within no more than ten (10) days following City's delivery of an invoice demanding payment <br />for such expenses. Any such removal of the billboard by City shall not entitle OPERATOR to <br />any damages of any kind whatsoever against any or all City Parties, and OPERATOR <br />hereby releases and holds all City Parties harmless from indemnified claims and liabilities <br />for any action by any of the City Parties in removing the billboard. OPERATOR hereby <br />consents to City's entry onto the site to accomplish such removal. <br />15. Termination - Effect on Prior Obligations. <br />Upon any termination of this AGREEMENT, OPERATOR’s obligation to remit operating <br />agreement fees due and payable under the terms of this AGREEMENT for operation of a