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Should Operator default in the performance of any of the terms, conditions, or obligations <br />contained in this Agreement, City may, in addition to the remedies specified elsewhere in this <br />Agreement and the attached RFP, re -enter and regain possession of the Carnival Area in the <br />manner provided by the laws of unlawful detainer of the State of California then in effect. <br />21. INSOLVENCY OF OPERATOR <br />The insolvency of Operator as evidenced by a receiver being appointed to take possession <br />of all or substantially all of the property of Operator, or the making of a general assignment for <br />the benefit of creditors by Operator, or the filing of a petition in bankruptcy shall terminate this <br />Agreement and entitle City to re -enter and regain possession of the Carnival Area. <br />22. CUMULATIVE REMEDIES <br />The remedies given to City in this Agreement shall not be exclusive, but shall be <br />cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere <br />provided in this Agreement. <br />23. WAIVER OF BREACH <br />The waiver by City of any breach by Operator of any of the provisions of this Agreement <br />shall not constitute a continuing waiver or a waiver of any subsequent breach by Operator either <br />of the same or another provision of this Agreement. <br />24. CONFLICT OF INTEREST CLAUSE <br />Operator covenants that it presently has no interests and shall not have interests, direct or <br />indirect, which would conflict in any manner with performance of services specified under this <br />Agreement. <br />25. NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this <br />Agreement shall be in writing and shall be deemed to be properly given if delivered in person or <br />mailed by first class or certified mail, postage prepaid, addressed to the party concerned as <br />follows: <br />To City: <br />Clerk of the City Council <br />City of Santa Ana <br />20 Civic Center Plaza (M -30) <br />P.O. Box 1988 <br />Santa Ana, CA 92702 -1988 <br />Telefacsimile (714) 647 -6956 <br />