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occupancy granted herein <br />(D) Asa 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, or <br />additional dates should be granted due to the same, then the City at its discretion will grant <br />Operator alternative or additional dates for the conducting of the carnival events. If Operator <br />desires to obtain alternative or additional dates as provided in this paragraph, Operator must <br />timely request the same from City. <br />2. SCOPE OF SERVICES <br />Operator shall provide at each of the Parks included a full service carnival complete with <br />the rides, equipment and services as set forth in the RFP (Exhibit B) to this Agreement. <br />3. FEES /DEPOSITS /PERMITS /LICENSES <br />At least 10 days prior to the commencement date of each Carnival as set forth below, <br />Operator shall pay to City the applicable fee for use of the Carnival Area as further set forth <br />below. <br />Operator agrees to pay the City and City agrees to accept from Operator the following fees per <br />event. <br />In addition to the fees set forth herein, Operator shall pay all required city fees and <br />deposits including the fees for police services and Park clean up, and obtain all required permits <br />and licenses as detailed in the RFP, Exhibit B hereto. All fees and deposits shall be due and <br />payable as set forth in the RFP. A late charge of 10% shall be applied to the fee amount after <br />any payment is due but unpaid. In addition, an interest charge of one and one -half percent <br />(1 V2%) per month will be added to for each month that any fee or portion thereof remains due <br />and unpaid. <br />