25D - AGMT - PARKING FACILITIES OPERATOR

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10. A petition under any part of the federal bankruptcy laws, or an action under any present or future solvency law or statute shall be filed against the Operator and shall not be dismissed within thirty (30) days after the filing thereof. 11. By or pursuant to, or under authority of any legislative act, resolution or rule of any order or decree of any court, governmental board, agency or officer having jurisdiction, a receiver, trustee, or liquidator shall take possession or control of all or substantially all of the property of the Operator and such possession or control shall continue in effect for a period of thirty (30) days. 12. Cessation or deterioration of service for a period, which in the opinion of the City, materially and adversely affects operation of the public service required to be performed by the Operator under this Agreement. 13. Any lien is filed against the Parking Facilities because of any act or omission of the Operator and is not removed within thirty (30) days. 14. The Operator shall voluntarily abandon, desert, vacate or discontinue its operations of the business herein authorized in the Parking Facilities. Notwithstanding any of the foregoing provisions of this Section, the City shall have the absolute right to forthwith terminate and cancel this Agreement and take over the operation of the Parking Facilities, either by itself or through another operator of its choice, if Parking Facilities should become closed by reason of the Operator being unable for any reason whatsoever, to maintain in its employ the personnel necessary to keep the Parking Facilities open for public patronage, including, but not limited to, delays caused by work stoppage. In the event that the City shall so elect to terminate this Agreement, then the City may recover from the Operator: (a) Any amount necessary to compensate the City for the detriment proximately caused by the Operator's failure to perform its obligations under this Agreement or which in the ordinary course of business would be likely to result there from, including, but not limited to, the cost of recovering possession of the Parking Facilities, including necessary repair, renovation and alteration of the Parking Facilities, reasonable attorney's fees, expert witness costs, and any other reasonable costs; and (b) Any other amount, which the City may by law hereafter be permitted to recover from the Operator to compensate the City for the detriment caused by the Operator. The Operator shall construe no delay or omission of the City to exercise any right or remedy as a waiver of such right or remedy or any default hereunder. The acceptance by the City of any sums hereunder due shall not be (i) a waiver of any preceding beach or default by the Operator of any provision thereof, other than the failure of the Operator to pay the particular sum accepted, regardless of the City's knowledge of such preceding beach or default at the 24 25D-28