CENTRAL PARKING SYSTEM, INC. (PARKING GARAGES -2013)

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constructed thereon, shown on Exhibit A, attached hereto and made a part hereof, hereinafter referred to as the "Parking Facilities," in accordance with the terms and conditions set forth iii this Agreement. D. Performance, The hours of operation of each Parking Facility are set by the City. Operator must staff each facility sufficiently during all operating hours. It is expected that the parties will discuss and agree upon levels of staffing; however, if the parties cannot agree, the decision of the Contract Administrator shall control. Maintenance tasks should be performed at such hours as to minimize the impact on customers. E. Modification by City. The City may, during the term of this Agreement, modify the list of Parking Facilities listed in the Recitals and on Exhibit A, attached hereto and incorporated herein. It may also modify parking space inventory. Such modifications shall not be considered a breach of this Agreement; nor shall City Council approval be required for such modification unless the management fee increases. 6. COVENANTS OF THE OPERATOR A. Operator agrees throughout the term of this Agreement to manage, operate, supervise, and maintain the Premises economically, professionally, diligently, effectively, and to the best of its ability. The Operator agrees not to use or permit the use of the Premises for any purpose other than for vehicular parking, nor to engage in or permit any other business activity on, within or from the Premises. The Operator must manage and operate the Parking Facilities in a manner that reflects the City's commitment to customer service, careful stewardship of the public's capital investments, adequate safeguards on City's revenues and professional management of the City's services. B. The Operator, as operator and manager of the Premises, shall comply with and conform to all provisions of law including, without limiting the generality of the foregoing, all requirements of all Federal, State and local enactments, bylaws, and other governmental or municipal regulations now or hereafter in force which relate to the operation, management, and supervision of the Premises, and the Operator shall comply with all Police, Fire, and safety regulations imposed by any governmental, State, or City authorities, or made by property insurance companies, and shall obtain and maintain all licenses and consents necessary for the proper and lawful operation, management, and supervision of the Premises. C. Operator agrees that this Agreement shall not be construed as granting any right of possession, estate, title or interest in the Parking Facilities. Operator agrees that this Agreement shall not impair the City, its agents or employees from entering the Parking Facilities at any time.