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26. CONTRACT ADMINISTRATOR
<br />The Executive Director of Parks Recreation and Community Services Agency, or his/her
<br />designee, shall be City's Contract Administrator for this Agreement and all approval and notices
<br />required to be given herein shall be so directed and addressed.
<br />27. COMPLIANCE WITH LAWS
<br />Operator shall, at Operator's own cost and expense, comply with all statutes, ordinances,
<br />regulations, and requirements of all governmental entities, including federal and state, county
<br />and municipal, relating to Operator's use and occupancy of the Park and Carnival Area and
<br />Operator's facilities whether such statute, ordinances, regulations, and requirements be now in
<br />force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the
<br />admission by Operator in a proceeding brought against Operator by any government entity, that
<br />Operator has violated any such statute, ordinance, regulation, or requirement shall be conclusive
<br />as between City and Operator and shall be considered grounds for termination of this Agreement
<br />by City. Operator will obtain all permits and other governmental approvals, required in
<br />connection with Operator's activities hereunder, and update such permits/approvals as necessary.
<br />28. EXCLUSIVITY AND AMENDMENT
<br />This Agreement represents the complete and exclusive statement between the City and
<br />Operator, and supersedes any and all other agreements, oral or written, between the parties. In
<br />the event of a conflict between the terms of this Agreement and any attachments hereto,
<br />including the RFP, the terms of this Agreement shall prevail. This Agreement may not be
<br />modified except by written instrument signed by the City and by an authorized representative of
<br />Operator. Each party to this Agreement acknowledges that no representations, inducements,
<br />promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
<br />behalf of any parties, which are not embodied herein.
<br />29. ASSIGNMENT
<br />Inasmuch as this Agreement is intended to secure the specialized services of Operator,
<br />Operator may not assign, transfer, delegate, or subcontract any interest herein without the prior
<br />written consent of the City and any such assignment, transfer, delegation or subcontract without
<br />the City's prior written consent shall be considered null and void. Nothing in this Agreement
<br />shall be construed to limit the City's ability to have any of the services which are the subject to
<br />this Agreement performed by City personnel or by other Operators retained by City.
<br />30. NON-DISCRIMINATION
<br />Operator shall not discriminate because of race, color, creed, religion, sex, marital status,
<br />sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
<br />applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
<br />employment related activities. Operator affirms that it is an equal opportunity employer and shall
<br />comply with all applicable federal, state and local laws and regulations.
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