g. Special Risks or Circumstances. City reserves the right to modify these
<br />requirements, including limits, based on the nature of the risk, prior
<br />experience, insurer, coverage, or other special circumstances.
<br />8. CONFLICT OF INTEREST CLAUSE
<br />District covenants that it presently has no interests and shall not have interests,
<br />direct or indirect, which would conflict in any manner with performance of services
<br />specified under this Agreement.
<br />9. FORCE MAJUERE
<br />In the event that the Facilities are rendered unavailable due to destruction, partial
<br />or total, acts of nature, work stoppages or other labor disturbances, civil commotion, war,
<br />or any other action by governmental agencies, or for any reason beyond the control of
<br />City, City shall have the right to terminate this Agreement without penalty.
<br />10. LICENSES AND PERMITS
<br />District represents and warrants that it, and any agents, independent contractors,
<br />subcontractors, vendors, or others acting on its behalf under or with respect to this
<br />Agreement, will at all times during the term of this Agreement have and maintain in force
<br />any and all licenses, permits, or approvals required by law for the conduct of District's
<br />activities under this Agreement.
<br />11. DAMAGE TO FACILITIES
<br />District shall be liable for any damage to the Facilities caused by any act of
<br />negligence of District, its partners, agents, servants, contractors, representatives, guests,
<br />employees, invitees, or customers. City may, at its option, repair such damage, and
<br />District agrees to reimburse City for the total cost of repair.
<br />12. PROPERTY BELONGING TO DISTRICT
<br />City shall not be responsible for lost, stolen, or damages property belonging to
<br />District, its partners, agents, servants, contractors, representatives, guests, employees,
<br />invitees, or customers.
<br />13. NOTICE
<br />Any notice, tender, demand, delivery, or other communication pursuant to this
<br />Agreement shall be in writing and directed to the addresses below or such addresses as
<br />either party may later specify in writing. Notice is deemed effective on the date it is
<br />given if hand -delivered or received by facsimile that day. Notice given by U.S. mail shall
<br />be deemed to have been given three (3) business days after it is deposited in the U.S.
<br />mail, postage prepaid and addressed as follows:
<br />Page 5 of 8
<br />
|