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25A - CARNIVALS
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02/04/2008
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25A - CARNIVALS
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Last modified
1/3/2012 4:33:52 PM
Creation date
1/30/2008 8:15:20 AM
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City Clerk
Doc Type
Agenda Packet
Item #
25A
Date
2/4/2008
Destruction Year
2013
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whichever is earlier. If any property described herein or hereinafter added hereto is taken in <br />eminent domain, the entire award shall be paid to City. <br />19. TERMINATION <br />This Agreement may be terminated by the City without cause upon thirty (30) days <br />written notice of termination. City may terminate this Agreement for cause upon three (3) days <br />written notice for any violation of the terms contained herein. <br />20. DEFAULT BY OPERATOR <br />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 />25A-11 <br />
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