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<br />VII. USE OF PRIOR FUNDS <br /> <br />DSABC shall have the right to continue to use unexpended BID funds from prior years that <br />it has not expended pursuant to the terms of such prior agreements with the City for the <br />purposes set forth in paragraph II of this Agreement. <br /> <br />VIII. CONTINUING OBLIGATIONS <br /> <br />DSABC's obligations and responsibilities set forth in this paragraph, and in paragraphs II <br />and IX(B) through (F) of this Agreement, shall not be affected by the termination of this <br />Agreement and shall survive the date of termination of this Agreement for such period of <br />time as City deems necessary for the responsibilities, duties and obligations to be performed <br />and completed to the satisfaction of City. <br /> <br />IX. TERMINATION <br /> <br />A. This Agreement may be terminated on thirty (30) days' written notice by either <br />party. In the event of such termination, City shall be entitled to reimbursement for <br />all unexpended funds to the effective date oftermination. <br /> <br />B. This Agreement may be suspended or terminated by City upon five (5) days' written <br />notice for violation by DSABC of the terms and conditions of the this agreement or <br />applicable City or State requirements. In the event of such suspension or <br />termination, City shall be entitled to reimbursement for all unexpended funds to the <br />effective date of suspension or termination. <br /> <br />X. EXCLUSIVITY AND AMENDMENT OF AGREEMENT <br /> <br />This Agreement supersedes any and all other agreements, either oral or in writing, between <br />the parties hereto with respect to the use of BID or Fiestas funds by DSABC and contains all <br />the covenants and agreements between the parties with respect to such employment in any <br />manner whatsoever. Each party to this Agreement acknowledges that no representations, <br />inducements, promises or agreements, orally or otherwise, have been made by any party, or <br />anyone acting on behalf of any party, which are not embodied herein, and that no other <br />agreement or amendment hereto shall be effective unless executed in writing and signed by <br />both City and DSABC. <br /> <br />XI. VALIDITY <br /> <br />The invalidity in whole or in part of any provision of this Agreement shall not void or affect <br />the validity of any other provision of this Agreement. <br /> <br />4 <br /> <br />20A-12 <br />