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(D) As a covenant to this Agreement, Operator agrees to adhere to and comply with all of the terms, conditions and responsibilities enumerated in the Request for Proposals, RFP 07- 085-PRCSA, issue date October 18, 2007, and Addendum No. 1 thereto (hereinafter, collectively "RFP") attached hereto as Exhibit "B" and incorporated herein by reference. Any failure to adhere to and comply with the terms, conditions and responsibilities enumerated in the RFP shall be deemed a breach of this Agreement and of the RFP. (E) The parties hereto agree that if, at the sole discretion of the City, a Carnival Event should not proceed on the dates set forth in Section 3 hereof due to foul or inclement weather, the City at its discretion may grant Operator alternative dates for the conducting of the Carnival Events within the term of this Agreement. If Operator desires to obtain alternative dates as provided in this paragraph, Operator must timely request the same from City. 2. SCOPE OF SERVICES Operator shall provide at each of the Parks identified a full service carnival complete with the rides, equipment and services as set forth in the RFP (Exhibit B) to this Agreement. 3. FEES/DEPOSITS/PERMITS/LICENSES At least 10 days prior to the commencement date of each Carnival as set forth below, Operator shall pay to City the applicable fee for use of the Carnival Area as further set forth below. Operator agrees to pay the City and City agrees to accept from Operator the following fees per Carnival Event. aor`W,, WDival Jerome Park April 11-13, 2008 $7,000.00 In addition to the fees set forth herein, Operator shall pay all required City fees and deposits including the fees for police services and Park clean up, and obtain all required permits and licenses as detailed in the RFP, Exhibit B hereto. All fees and deposits shall be due and payable as set forth in the RFP. Additionally, failure to pay the cleanup/damage deposit and/ or any other outstanding balances and fees a minimum of ten (10) business days prior to the start of the event will result in a penalty of $500 per day. The vendor will not be allowed to start an event if there is an unpaid balance. Vendor is subject to other monetary penalties for failure to perform as set forth throughout the RFP. 4. SECURITY DEPOSIT Contemporaneously with the execution of this Agreement, Operator shall deposit with City the additional sum of $5,000.00 as a security deposit. The deposit shall be held by City,