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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 />20. Insolvency of Operator. The insolvency of Operator as evidenced by a receiver <br />being appointed to take possession of all or substantially all of the property of Operator, <br />or the making of a general assignment for the benefit of creditors by Operator, or the <br />filing of a petition in bankruptcy shall terminate this Agreement and entitle City to re- <br />enter and regain possession of the Facilities. <br />21. Access. Each party shall provide access to the Facilities to the other party, and its <br />employees, agents, contractors and subcontractors, twenty-four (24) hours a day, seven <br />(7) days a week. City represents and warrants that it has full rights of ingress and egress <br />to and from the Facilities, and hereby grants such rights to Operator to the extent required <br />to maintain, and operate Operator's program within the Facilities. Operator's exercise of <br />such rights shall not cause undue inconvenience to City. <br />22. Restrictions on Assignment. This Agreement is entered into specifically with <br />the parties in mind. Therefore, neither party shall assign any or all of its rights under this <br />Agreement without the prior written consent of the other party, in its sole and absolute <br />discretion. <br />23. Notices. All written notices required to be given pursuant to the terms hereof <br />shall be either (i) personally delivered, (ii) deposited in the United States express mail or <br />first class mail, registered or certified, return receipt requested, postage prepaid, (iii) <br />delivered by overnight courier service, or (iv) delivered by facsimile, provided that the <br />original of such facsimile notice, is sent by certified U.S. mail, postage prepaid, no later <br />than one business day following such facsimile. All such notices shall be deemed <br />delivered upon actual receipt (or upon the first attempt at delivery pursuant to the <br />11 <br />25G-13