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17. LIENS <br />Operator will not permit any mechanics' or materialmens' or other liens to stand against the <br />City Park or Carnival Area by reason of any use or occupancy by Operator, or any person claiming <br />under Operator. <br />18. TERMINATION IN THE EVENT OF CASUALTY OR CONDEMNATION <br />In the event of any damage, destruction or condemnation of the Park and/or Carnival Area, <br />which renders the Park and / or Carnival Area unusable or inoperable in Operator's judgment, Operator <br />shall have the right, but not the obligation, to terminate the Agreement with respect to the subject <br />Carnival Area by giving written notice to the City within thirty (30) days after such damage, <br />destruction or condemnation. If by virtue of such damage, destruction or condemnation, City <br />determines that the Park and / or Carnival Area is no longer adequate for Operator to continue its <br />operations, or any repairs to the Park and / or Carnival Area to remedy such damage, destruction or <br />condemnation have not been completed or cannot reasonably be completed outside of forty-five (45) <br />days from the date of the upcoming scheduled carnival, City may terminate this Agreement upon thirty <br />(30) written notice to Operator. <br />In the event of condemnation, unless Operator is allowed by the condemning authority to <br />continue its operations in the Carnival Area, this Agreement shall terminate as of the date title to the <br />Property vests in the condemning authority or Operator is required to cease its operations, whichever is <br />earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the <br />entire award shall be paid to City. <br />19. TERMINATION <br />This Agreement may be terminated by the City without cause upon thirty (30) days written <br />notice of termination. City may terminate this Agreement for cause upon three (3) days written notice for <br />any violation of the terms contained herein. <br />20. DEFAULT BY OPERATOR <br />Should Operator default in the performance of any of the terms, conditions, or obligations <br />contained in this Agreement, City may, in addition to the remedies specified elsewhere in this <br />Agreement and the attached RFP, re-enter and regain possession of the Carnival Area in the manner <br />provided by the laws of unlawful detainer of the State of California then in effect. <br />21. INSOLVENCY OF OPERATOR <br />The insolvency of Operator as evidenced by a receiver being appointed to take possession of all <br />or substantially all of the property of Operator, or the making of a general assignment for the benefit of <br />creditors by Operator, or the filing of a petition in bankruptcy shall terminate this Agreement and <br />entitle City to re-enter and regain possession of the Carnival Area. <br />26 <br />19D-28