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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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remedy allowed by law or equity. <br /> C. City may place Bowers in default of this Agreement by giving Bowers 45 day's <br /> written notice of Bowers' failure to comply with the commencement of City <br /> Improvements, interfere with use by City of the Licensed Area for the use and <br /> maintenance of the Marquee, or any reasonable interference/use of the Marquee or <br /> Licensed Area as detailed in this Agreement. During the 45-day notice period, <br /> Bowers shall cure the default; otherwise, City may elect to immediately terminate <br /> this Agreement or to exercise any other remedy allowed by law or equity. <br /> D. Upon the termination of this Agreement for any reason, all rights of City shall <br /> terminate. <br /> 13. TERMINATION GENERALLY. <br /> A. Either Party may terminate this Agreement at any time that it is not in default in its <br /> obligations by giving the other Party written notice after the happening of any of the <br /> following events: <br /> (1) Issuance by a court of competent jurisdiction of an injunction in any way <br /> preventing or restraining City's use of any portion of the Licensed Area and <br /> the injunction remaining in force for a period of 30 consecutive days. <br /> (2) The inability of City to use any substantial portion of the Licensed Area for <br /> a period of 30 consecutive days due to the enactment or enforcement of any <br /> law or regulation or because of fire, earthquake or similar casualty, or Acts of <br /> God or the public enemy. <br /> (3) Upon 90 days' written notice, if the Licensed Area or the Marquee is <br /> unacceptable under City's design or engineering specifications for the <br /> Marquee. <br /> (4) If the Licensed Area or Marquee are destroyed or damaged so as in either <br /> Party's reasonable judgment to substantially and adversely affect the use of <br /> the Marquee. <br /> B. City may also terminate this Agreement upon giving 45 days' written notice in the <br /> event that the Marquee becomes partially obstructed in any way from a distance of <br /> 500'or less and,in City's opinion,the obstruction renders the use ineffectual for the <br /> purpose desired, or the continued use of the Marquee becomes not economically <br /> feasible. <br /> C. If City is prevented from constructing or maintaining the Marquee, City may elect <br /> to terminate this Agreement upon written notice. <br /> D. City understands that termination of this Agreement for any reason does not <br /> guarantee the grant of any other or substitute License Area. <br /> 14. INDEMNIFICATION. <br /> A. Bowers shall indemnify, defend, and hold harmless City, and its respective agents, <br /> Page 9 of 13 <br />
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