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CHARLES W. BOWERS MUSEUM CORPORATION, THE
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CHARLES W. BOWERS MUSEUM CORPORATION, THE
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Last modified
10/16/2025 1:13:08 PM
Creation date
10/16/2025 1:12:52 PM
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Contracts
Company Name
CHARLES W. BOWERS MUSEUM CORPORATION, THE
Contract #
A-2025-164
Agency
City Manager's Office
Council Approval Date
10/7/2025
Expiration Date
10/6/2035
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shall direct the subsequent entity to remedy the interference within 72 hours. If the <br /> interference is not resolved within this 72-hour period, then the subsequent entity <br /> will be required to cease its operations until the interference is resolved. These same <br /> procedures apply to (i) any interference caused by Bowers with respect to <br /> equipment existing and as configured on the Effective Date, and (ii) any Bowers <br /> equipment existing on the Effective Date which is later reconfigured so as to <br /> interfere with City's Marquee. <br /> 11. ASSIGNMENT. <br /> A. Bowers may assign this Agreement upon 60 days' written notice to City. City's <br /> written consent shall not be unreasonably withheld, conditioned or delayed. City <br /> may as a condition of consent, require that any assignee submit biographical and <br /> financial information to City along with the aforementioned written notice to City <br /> prior to any assignment of Bowers interest under this Agreement. <br /> B. Bowers may, upon notice to City, mortgage or grant a security interest in this <br /> Agreement and Marquee, and may assign this Agreement and Marquee to any <br /> mortgagees, deed of trust beneficiaries or holders of security interests, including <br /> their successors or assigns ("Mortgagees"), provided the Mortgagees agree to be <br /> bound by the terms of this Agreement. In this event, Bowers shall execute consent <br /> to leasehold or other financing as may be reasonably required by Mortgagees. <br /> C. Subject to subsections 11 (A) and (B), City shall not assign or sublease any of its <br /> interest under this Agreement, nor permit any other person to occupy the Licensed <br /> Area. <br /> 12. DEFAULT <br /> A. Either Party may terminate this Agreement by giving the other 90 days' written <br /> notice after the happening of any of the following events: <br /> (1) The failure of either Party to perform any of its obligations under this <br /> Agreement, if City fails to cure its default within the 90-day notice period. <br /> If the cure cannot reasonably be implemented within the 90-day period, then <br /> each Party will have up to 60 days to cure from the date of the original notice; <br /> however, each Party must initiate the cure within the original 90-day period <br /> and thereafter diligently pursue the cure. <br /> (2) The filing of any lien against the Licensed Area because of any act or omission <br /> of Bowers that is not discharged or fully bonded within 30 days of receipt of <br /> actual notice by Bowers. <br /> B. Bowers may place City in default of this Agreement by giving City 45 days' written <br /> notice of City's failure to abide by the Use Requirements in Section 4 of this <br /> Agreement. During the 45-day notice period,City shall cure the default;otherwise, <br /> Bowers may elect to immediately terminate this Agreement or to exercise any other <br /> Page 8 of 13 <br />
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