25A - AGMT - CINCO DE MAYO AND FIESTAS PATRIAS

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15. TERMINATION IN THE EVENT OF CASUALTY OR CONDEMNATION hi the event of any damage, destruction or condemnation of the property on which the Events shall be held ( "Property "), which renders the Property unusable or inoperable in Promoter's judgment, Promoter shall have the right, but not the obligation, to terminate the Agreement with respect to the subj ect Event by giving written notice to the City within thirty (30) days after such damage, destruction or condemnation. If by virtue of such damage, destruction or condemnation, City determines that the Property is no longer adequate for Promoter to continue its operations, or any repairs to the Property to remedy such damage, destruction or condemnation have not been completed or cannot reasonably be completed outside of forty five (4.5) days from the date of the upcoming scheduled Event, City may terminate this Agreement upon thirty (30) days written notice to Promoter. In the event of condemnation, unless Promoter is allowed by the condemning authority to continue its operations, this Agreement shall terminate as of the date title to the Property vests in the condemning authority or Promoter is required to cease its operations, whichever is earlier. If any Property described herein or hereinafter added hereto is taken in enunent domain, the entire monetary award shall be paid to City. 16. TERMINATION This Agreement may be ternunated by the City without cause upon thirty (30) days written notice of termination. City may terminate this Agreement for cause upon three (3) days written notice for any violation of the terms contained herein. 17. DEFAULT BY PROMOTER Should Promoter default in the performance of any of the terms, conditions, or obligations contained in this Agreement, City may, in addition to the remedies specified elsewhere in this Agreement, terminate this Agreement and contract with another entity for production of the remaining Events. 18. INSOLVENCY OF PROMOTER The insolvency of Promoter as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Promoter, or the malting of a general assignment for the benefit of creditors by Promoter, or the filing of a petition in bankruptcy shall terminate this Agreement. 19. CUMULATIVE REMEDIES The remedies given to City in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. 20. WAIVER OF BREACH The waiver by City of any breach by Promoter of any of the provisions of this Agreement. shall not constitute a continuing waiver or a waiver of any subsequent breach by Promoter either of the same or another provision of this Agreement. 25A -7