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BOWERS MUSEUM - 2001 AMENDED & OPERATING AGMT
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BOWERS MUSEUM - 2001 AMENDED & OPERATING AGMT
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Last modified
3/13/2013 2:17:08 PM
Creation date
1/15/2013 11:50:07 AM
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Contracts
Company Name
BOWERS, CHARLES W. MUSEUM CORPORATION
Contract #
A-2001-129
Agency
COMMUNITY DEVELOPMENT
Council Approval Date
6/18/2001
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0 0 <br />§ 7.02 Remedies of City <br />In the event of any default and failure to cure, correct or remedy the same by Corporation, <br />City may, at City's sole discretion, in addition to or in lieu of any other remedies, exercise either of <br />the following remedies: <br />(a) Delay of any or all compensation to Corporation pursuant to § 4.07 of this <br />Agreement until such default is cured, corrected or remedied; provided such delay is <br />approved by the City Council. <br />(b) Terminate this Agreement, provided such termination is approved by the City <br />Council. <br />§ 7.03 Legal Actions <br />In addition to any other rights or remedies, either party may institute legal action to cure, <br />correct or remedy any default, to recover damages for any default, or to obtain any other remedy <br />consistent with the purpose of this Agreement. Such legal action must be instituted in the Superior <br />court of the County of Orange, State of California, or in any other appropriate court in that county. <br />§ 7.04 Cumulative Rights and Remedies <br />The rights and remedies of the parties are cumulative and the exercise by either party of one <br />or more such rights or remedies shall not preclude the exercise by it, at the same or different times, <br />of any other rights or remedies for the same default or any other default by the other party. <br />§ 7.05 Termination <br />Upon the expiration of the Term or upon the earlier termination of this Agreement: <br />(a) City shall have no further obligation to provide funding or other assistance to <br />Corporation pursuant to this Agreement for any period following such expiration or early <br />termination. <br />(b) Corporation shall vacate the Premises and deliver possession thereof to City. <br />(c) Corporation shall return to City possession of all personal property loaned to <br />Corporation pursuant to Section 2.04. <br />(d) All cash donated to Corporation for museum purposes and all items of personal property <br />donated or loaned to Corporation for museum purposes shall be delivered over to the City to be <br />held in trust for the donor or lender and used solely for the purpose for which the donation or loan <br />was made. <br />14
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