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A. Use of Facilities. Concessionaire ceases operation of the Facilities; <br />or, <br />B. Unauthorized Transfer. Concessionaire transfers or attempts to <br />transfer any rights or interest in the Facilities in any fashion without <br />the City's consent. <br />C. Failure to Comply. Concessionaire fails to comply with any of the <br />terms of this Agreement. <br />D. Election not to Repair. Concessionaire elects not to repair Facilities <br />as provided for in Section 5.3. <br />E. Surrender of Facilities. Upon the expiration or termination of this <br />Agreement, Concessionaire shall peaceably vacate the Facilities and <br />any and all improvements located thereon and deliver up the same to <br />City in a reasonably good condition ordinary wear and tear excepted. <br />10.0 REMEDIES. In event of Concessionaire's breach, default, abandonment or <br />insolvency, City may: <br />A. Continue this Agreement in effect by not terminating <br />Concessionaire's right to the Facilities, in which event City shall be <br />entitled to enforce all of its rights and remedies under this <br />Agreement, including the right to recover the <br />compensation/consideration specified in this Agreement as it <br />becomes due under this Agreement; or <br />B. Terminate this Agreement and recover from Concessionaire any <br />amount necessary to compensate City for all detriment proximately <br />caused by Concessionaire's failure to perform its obligations under <br />this Agreement; or <br />C. Should Concessionaire default in the performance of any of the <br />terms, conditions, or obligations contained in this Agreement, City <br />may, in addition to the remedies specified in this section of this <br />Agreement, re -enter and regain possession of the Facilities in the <br />manner provided by the laws of the State of California then in effect. <br />D. The insolvency of Concessionaire as evidenced by a receiver being <br />appointed to take possession of all or substantially all of the property <br />of Concessionaire, or the making of a general assignment for the <br />benefit of creditors by Concessionaire, or the filing of a petition in <br />bankruptcy shall terminate this Agreement and entitle City to re -enter <br />and regain possession of the Facilities. <br />14 <br />