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FULL PACKET_2011-01-04
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FULL PACKET_2011-01-04
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Last modified
1/3/2012 3:55:20 PM
Creation date
1/4/2011 12:28:17 PM
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City Clerk
Doc Type
Agenda Packet
Date
1/4/2011
Destruction Year
2016
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<br /> <br /> <br /> DO NOT RECORD <br /> <br /> <br /> <br /> Section 6.02 Abandonment by Licensee <br /> Should Licensee breach this Agreement and abandon the License Area prior to the <br /> expiration of the Term or Renewal Term, Licensor may: <br /> <br /> (a) Continue this License in effect by not terminating Licensee's right to the <br /> License Area, in which event Licensor shall be entitled to enforce all of its <br /> rights and remedies under this Agreement, including the right to recover <br /> the compensation/consideration specified in this Agreement as it becomes <br /> due under this Agreement; or <br /> <br /> (b) Terminate this Agreement and recover from Licensee: <br /> <br /> 1. The amount necessary to compensate Licensor for all detriment <br /> proximately caused by Licensee's failure to perform its obligations <br /> under this Agreement, including the monthly license fee for up to six <br /> months, during which time City shall negotiate with another provider <br /> to obtain replacement taxi services. When such services are again in <br /> place, or after six months, whichever occurs first, Licensee's <br /> obligation to pay monthly license fee shall terminate. <br /> <br /> Section 6.03 Default by Licensee <br /> <br /> Should Licensee default in the performance of any of the terms, conditions, or obligations <br /> contained in this Agreement, Licensor may, in addition to the remedies specified in <br /> Section 6.02 of this License, re-enter and regain possession of the License Area in the <br /> manner provided by the laws of unlawful detainer of the State of California then in effect. <br /> <br /> Section 6.04 Insolvency of Licensee <br /> <br /> The insolvency of Licensee as evidenced by a receiver being appointed to take possession <br /> of all or substantially all of the property of Licensee, or the making of a general <br /> assignment for the benefit of creditors by Licensee, or the filing of a petition in <br /> bankruptcy shall terminate this Agreement and entitle Licensor to re-enter and regain <br /> possession of the License Area. <br /> <br /> Section 6.05 Cumulative Remedies <br /> <br /> The remedies given to Licensor in this Agreement shall not be exclusive, but shall be <br /> cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere <br /> provided in this Agreement. <br /> <br /> Section 6.06 Waiver of Breach <br /> <br /> <br /> 9 <br /> <br /> <br /> 25F-12 <br />
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