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<br /> pg. 7 <br />attorney fees that CITY may be required to pay as a result of any legal challenge <br />related to this AGREEMENT and/or CITY’s approval of a Billboard Permit or <br />Conditional Use Permit. CITY may, at its sole discretion, participate at its own <br />expense in the defense of any such action, but such participation shall not relieve the <br />OPERATOR of its obligation hereunder. <br /> <br /> <br /> <br />11. Default and Termination for Cause. <br /> <br />This AGREEMENT may be terminated, for good cause, by City or OPERATOR if either <br />gives the other Party written notice of default and if that default is not corrected (i) on or <br />before ten (10) days after receipt of the notice for non-payment of any amount due or (ii) <br />within thirty (30) days after receipt of the notice for any other default (except in connection <br />with a default which cannot be remedied or cured within said 30-day period, in which event <br />said 30-day period shall be extended for such time as shall be deemed mutually agreeable <br />by City and OPERATOR necessary to cure the same, but only if the defaulting Party, within <br />such 30-day period, shall promptly commence and thereafter proceed diligently and <br />continuously to cure such default. In no event shall the period be extended beyond 90 <br />days). <br /> <br />If this AGREEMENT terminates due to non-performance by OPERATOR, then (i) any <br />remaining unpaid Annual Operating Fee that was due for any period before the date of that <br />termination shall be immediately due and payable to City and (ii) OPERATOR, at its sole <br />cost, shall revert Digital Billboards back to on premises advertising as currently approved <br />prior to the date of this AGREEMENT. <br /> <br />12. Termination Without Cause <br /> <br />This AGREEMENT may be terminated prior to the end of the Term without cause by <br />OPERATOR, upon six months’ written notice of termination. In such event, CITY shall be <br />entitled to receive, and OPERATOR shall pay CITY, prorated annual operating fees up to the <br />effective date of the notice, and OPERATOR shall convert all Digital Billboard Faces back to <br />on premises advertising or remove the Digital Billboards. <br /> <br />This AGREEMENT may be terminated without cause by the City upon eighteen (18) months <br />written notice of termination. Such termination by the City may only occur by the City in events <br />of intragovernmental changes with local effect that require such termination, enaction of <br />preemptive laws that require such termination, natural disasters, declared states of emergency <br />(local, state and/or federal), war, or an event materially similar in nature or effect to those <br />enumerated that requires such termination. In such event, City shall be entitled to receive, and <br />the OPERATOR shall pay City, compensation for all Annual Operating Fees due to the City up <br />to the termination date. If this AGREEMENT terminates due to non-performance by <br />OPERATOR, then (i) any remaining unpaid Annual Operating Fee that was due for any period <br />before the date of that termination shall be immediately due and payable to City and (ii) <br />OPERATOR at its sole cost, shall convert the billboard to an on-premise business sign that will <br />only be allowed to advertise the products, goods and services sold on the Subject Property <br />referenced herein <br /> <br />13. Attorney Fees and Costs. <br /> <br />In any action or proceeding between CITY and OPERATOR brought to interpret or <br />enforce this AGREEMENT, or which in any way arises out of the existence of this <br />