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In the event of condemnation, unless Promoter 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 Promoter 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 entire <br />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 notice <br />of termination. City may terminate this Agreement for cause upon three (3) days written notice for any <br />violation of the terms contained herein. <br />20. DEFAULT BY PROMOTER <br />Should Promoter 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 Agreement <br />and the attached RFP, re-enter and regain possession of the Carnival Area in the manner provided by the <br />laws of unlawful detainer of the State of California then in effect. <br />21. INSOLVENCY OF PROMOTER <br />The insolvency of Promoter as evidenced by a receiver being appointed to take possession of all <br />or substantially all of the property of Promoter, or the making of a general assignment for the benefit of <br />creditors by Promoter, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle <br />City to re-enter and regain possession of the Carnival Area. <br />22. CUMULATIVE REMEDIES <br />The remedies given to City in this Agreement shall not be exclusive, but shall be cumulative and <br />in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. <br />23. WAIVER OF BREACH <br />The waiver by City of any breach by Promoter of any of the provisions of this Agreement shall <br />not constitute a continuing waiver or a waiver of any subsequent breach by Promoter either of the same or <br />another provision of this Agreement. <br />24. CONFLICT OF INTEREST CLAUSE <br />Promoter covenants that it presently has no interests and shall not have interests, direct or <br />indirect, which would conflict in any manner with performance of services specified under this <br />Agreement. <br />25. NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall <br />be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or <br />certified mail, postage prepaid, addressed to the party concerned as follows: <br />To City: Clerk of the City Council <br />City of Santa Ana <br />7 <br />20B-11