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This agreement serves as a specimen for all agreements referenced in the action to be prepared and executed once approved. <br /> <br /> 3. All applicable CITY policies, procedures and directives; <br /> <br /> 4. All applicable local ordinances and requirements, including use permits and licensing; <br /> 5. Court orders applicable to its operation; and, <br /> 6. The terms and conditions of this Agreement. <br /> If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply with <br /> such or will notify CITY after enactment or modification that it cannot so comply. CITY may <br /> thereupon terminate this Agreement, if necessary. <br /> XII. <br /> EXCLUSIVITY AND AMENDMENT OF AGREEMENT <br /> This Agreement supersedes any and all other agreements, either oral or in writing, <br /> between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains <br /> all the covenants and agreements between the parties with respect to such employment. Each party to <br /> this Agreement acknowledges that no representations, inducements, promises or agreements, orally or <br /> otherwise, have been made by any party, or anyone acting on behalf of any party, which are not <br /> embodied herein, and that no other agreement or amendment hereto shall be effective unless executed <br /> in writing and signed by both CITY and CONTRACTOR. <br /> XIII. <br /> FRAUD <br /> CONTRACTOR shall immediately report to CITY all instances and facts concerning <br /> possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this <br /> Agreement. <br /> XIV. <br /> CONTINGENCY OF FUNDS <br /> CONTRACTOR acknowledges that approval of and funding for this Agreement is <br /> contingent upon State approval, and funds received or obligated from the State of California to CITY. <br /> If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify <br /> CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or <br /> cease operations as directed by CITY and negotiate necessary modification to this Agreement and/or <br /> reimbursement of costs incurred hereunder. <br /> XV. <br /> TERMINATION <br /> A. This Agreement may be terminated by either party at its sole discretion, upon thirty (30) <br /> days written notice to the other party. Notice shall be deemed served on the date of mailing. However, <br /> CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant. <br /> B. In the event CONTRACTOR defaults by failing to fulfill all or any of its obligations <br /> hereunder, CITY may declare a default and termination of this Agreement by written notice to <br /> 2 5A-16 Page 12 of 15 <br /> <br />