FIESTA DE CARNIVAL 5 - Laserfiche WebLink

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In the event of condemnation. unless Promoter is allowed by the condemning authority to continue its operations in the Carnival Area, this Agreement shall terminate as of the date title to the Property vests in the condemning authority or Promoter is required to cease its operations. whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain. the entire award shall be paid to Cite. 19. TERMINATION This Agreement may be terminated by the Cite without cause upon thirty (30) days written notice of tennination. City may terminate this Agreement for cause upon three (3) days written notice for any violation of the terms contained herein. 20. DEFAULT BY PROMOTER Should Promoter default in the performance of any of the terms. conditions_ or obligations contained in this Agreement, City may. in addition to the remedies specified elsewhere in this Agreement and the attached RFP. re-enter and regain possession of the Carnival Area in the manner provided bN the laws of unlawful detainer of the State of California then in effect. 21. INSOLVENCY OF PROMOTER The insolvency of Promoter as evidenced by a receiver being appointed to take possession of all or substantialiv all of the property of Promoter. or the making of a general assignment for the benefit of creditors by Promoter, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle Cite to re-enter and regain possession of the Carnival Area. 22. CUMULATIVE REMEDIES The remedies given to Cite in this Agreement shall not be exclusive. but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. 23. WAIVER OF BREACH The waiver by City of anv breach by Promoter of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Promoter either of the same or another provision of this Agreement. 24. CONFLICT OF INTEREST CLAUSE Promoter covenants that it presently has no interests and shall not have interests. direct or indirect, «vhich would conflict in any manner with performance of services specified under this Agreement. 25. NOTICE Anv notice. tender, demand, delivery. or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail. postage prepaid, addressed to the party concerned as follows: To City: Clerk of the City Council Cite of Santa Ana