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Page 10 of 19 <br />#19793v7 <br />family destinations in Southern California selling similar foods and beverages. <br />Pricing shall be obvious and easy to read and determine by Zoo patrons. <br />s.Cooperation with any Successor: Bean Sprouts agrees to cooperate with any <br />successor to Bean Sprouts in the event of termination or expiration of this <br />Agreement and to do so with the least amount of disruption as possible for the Zoo <br />patrons and the City <br />. <br />t.Avoidance of Liens: In the performance of work done pursuant to any proposed <br />modifications or improvements to the Premises, Bean Sprouts shall keep the <br />Premises free and clear of any mechanics or materials liens. Bean Sprouts shall <br />indemnify and hold harmless City against any such liens or claims of lien’s filed <br />by Bean Sprouts’ contractors or material suppliers. <br />u.On-Site Manager: Bean Sprouts will hire a qualified food service manager for its <br />operations at the Premises. Such person will have the experience necessary to <br />manage operations and employees and will have full power and authority to accept <br />service of all notices provided for herein and to oversee operation of the concession <br />business herein authorized. Said manager will be on site during regular business <br />hours and if unavailable, a responsible subordinate will be in charge and available. <br />10.ANNUAL AUDIT <br />a.Within ninety (90) days of the end of the Fiscal Year, Bean Sprouts will provide to <br />the City a statement of its total gross revenues of the past Fiscal Year or portion <br />thereof as applicable. The financial report shall be prepared by an accounting firm <br />approved by the City’s Executive Director of the Finance and Management <br />Agency. Said report will comply with Government Accountability Standards. <br />b.If such audit reveals that there was an underpayment of monthly gross receipts due <br />to City pursuant to this Agreement, Bean Sprouts will pay to the City the amount <br />of the underpayment within sixty (60) days of the date of the final accounting <br />report. If such audit reveals overpayment of monthly gross receipts paid to the City <br />pursuant to this Agreement, Bean Sprouts will notify City in writing within sixty <br />(60) days of the date of the final accounting report and any overpayment will be <br />credited to Bean Sprouts for any obligation under this Agreement which is due or <br />coming due. If the Agreement has expired or is terminated, then City will pay the <br />amount of overpayment to Bean Sprouts within sixty (60) days of the date City is <br />notified of the overpayment in writing. <br />c.Bean Sprouts acknowledges that all financial reports prepared pursuant to this <br />Agreement and submitted to the City will become a public record pursuant to <br />California Government Code section 6250 et seq.