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(C) Operator hereby acknowledges that title to the Parks is vested in the City and agrees <br />never to assail or challenge the same, and further agrees that Operator's use and occupancy of <br />the Carnival Areas within the Parks shall be limited solely to the permission for such use and <br />occupancy granted herein. <br />(D) As a covenant to this Agreement, Operator agrees to adhere to and comply with all <br />of the terms, conditions and responsibilities enumerated in the Request For Proposals, RFP 04- <br />129-PRCSA, issue date November 1, 2004, (hereinafter "RFP") attached hereto as Exhibit `B" <br />and incorporated herein by reference. Any failure to adhere to and comply with the terms, <br />conditions and responsibilities enumerated in the Request For Proposal, RFP 04-129-PRCSA <br />shall be deemed a breach of this Agreement and of the RFP. <br />(E) The parties hereto agree that if, at the sole discretion of the City, a Carnival Event <br />should not proceed on the dates set forth in Section 3 hereof due to foul or inclement weather, <br />the City at its discretion may grant Operator alternative dates for the conducting of the Carnival <br />Event within the term of this Agreement. If Operator desires to obtain alternative dates as <br />provided in this paragraph, Operator must timely request the same from City. <br />2. SCOPE OF SERVICES <br />Operator shall provide at each of the Parks identified a full service Carnival Event <br />complete with the rides, equipment and services as set forth in the RFP (Exhibit B) to this <br />Agreement. <br />3. FEES/DEPOSITS/PERMITS/LICENSES <br />At least 10 days prior to the commencement date of each Carnival Event as set forth <br />below, Operator shall pay to City the applicable fee for use of the Carnival Area as further set <br />forth below. <br />Operator agrees to pay the City and City agrees to accept from Operator the following <br />fees per Carnival Event. <br />R,41W'`Cimlvai Ll <br />•i „I; Ia , <br />$7,000.00 <br />Jerome Park <br />April 7, 8 and 9, 2006 <br />$4,000.00 <br />Cesar Chavez/ <br />Campesino Park <br />May 12, 13 and 14, <br />2006 <br />