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25E - AGMT - OPERATION CABRILLO TENNIS CENTER
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25E - AGMT - OPERATION CABRILLO TENNIS CENTER
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Last modified
6/3/2013 10:58:47 AM
Creation date
5/30/2013 3:45:26 PM
Metadata
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Template:
City Clerk
Doc Type
Agenda Packet
Agency
Parks, Recreation, & Community Services
Item #
25E
Date
6/3/2013
Destruction Year
2018
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violation of state or federal laws, or on any other basis otherwise prohibited by state or <br />federal law. <br />17. Termination of Agreement This License shall be terminable by the City upon <br />the occurrence of any of the following: <br />A. Use of Facilities. Operator ceases operation of the Tennis Facilities; <br />or, <br />B. Unauthorized Transfer. Operator transfers or attempts to transfer <br />any rights or interest in the Facilities in any fashion without the <br />City's consent. <br />C. Failure to Comply: Operator fails to comply with the terms of this <br />Agreement. <br />18. City's Remedies in Event of Breach Default or Abandonment. In event of <br />Operator's breach, default or abandonment of Facilities, City may: <br />A. Continue this Agreement in effect by not terminating Operator's <br />right to the Facilities, in which event City shall be entitled to <br />enforce all of its rights and remedies under this Agreement, <br />including the right to recover the compensation/consideration <br />specified in this Agreement as it becomes due under this Agreement; <br />or <br />B. Terminate this Agreement and recover from Operator any amount <br />necessary to compensate City for all detriment proximately caused <br />by Operator's failure to perform its obligations under this <br />Agreement; or <br />C. Should Operator default in the performance of any of the terms, <br />conditions, or obligations contained in this Agreement, City may, in <br />addition to the remedies specified in this section of this Agreement, <br />re-enter and regain possession of the Facilities in the manner <br />provided by the laws of the State of California then in effect. <br />19. Force Maieure. Should the performance of any act required by this Agreement to <br />be performed by either City or Operator be prevented or delayed by reason of an act of <br />God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental <br />laws or regulations, or any other cause except financial inability not the fault of the party <br />required to perform the act, the time for performance of the act will be extended for a <br />period equivalent to the period of delay, and performance of the act during the period of <br />delay will be excused, provided, however, that nothing contained in this section shall <br />excuse the prompt payment of compensation by Operator as required by this Agreement <br />or the performance of any act rendered difficult solely because of the financial condition <br />of the party, City or Operator, required to perform the act. <br />10 <br />25E-12
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