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11.0 GENERAL TERMS AND CONDITIONS <br />11.1 Taxes. The parties agree that if the Facilities are assessed any taxes or <br />similar fees or charges due to the activities of Concessionaire or Concessionaire's <br />permitted users, then Concessionaire shall bear the entire cost of said taxes, assessments, <br />fees or charges. <br />11.2 Liens. Concessionaire will not permit any mechanics' or materialmens' or <br />other liens to stand against the Facilities by reason of any use or occupancy by <br />Concessionaire, or any person claiming under Concessionaire. <br />11.3 Non - Discrimination. Concessionaire shall not discriminate as to the <br />employment of persons relative to the use or operation of the Facilities, nor shall it <br />discriminate as to the persons or entities which may use the Facilities, on the basis of <br />race, color, religion, national origin, ancestry, gender, disability, sexual orientation, or <br />medical condition, in violation of state or federal laws, or on any other basis otherwise <br />prohibited by state or federal law. <br />11.4 Force Majeure. Should the performance of any act required by this <br />Agreement to be performed by either City or Concessionaire be prevented or delayed by <br />reason of an act of God, strike, lockout, labor troubles, inability to secure materials, <br />restrictive governmental laws or regulations, or any other cause except financial inability <br />not the fault of the party required to perform the act, the time for performance of the act <br />will be extended for a period equivalent to the period of delay, and performance of the act <br />during the period of delay will be excused, provided, however, that nothing contained in <br />this section shall excuse the prompt payment of compensation by Concessionaire as <br />required by this Agreement or the performance of any act rendered difficult solely <br />because of the financial condition of the party, City or Concessionaire, required to <br />perform the act. <br />11.5 Access. Each party shall provide access to the Facilities to the other party, <br />and its employees, agents, contractors and subcontractors, twenty -four (24) hours a day, <br />seven (7) days a week. City represents and warrants that it has full rights of ingress and <br />egress to and from the Facilities, and hereby grants such rights to Concessionaire to the <br />extent required to maintain, and operate Concessionaire's program within the Facilities. <br />Concessionaire's exercise of such rights shall not cause undue inconvenience to City. <br />11.6 Restrictions on Assignment. This Agreement is entered into specifically <br />with the parties in mind. Therefore, neither party shall assign any or all of its rights <br />under this Agreement without the prior written consent of the other party, in its sole and <br />absolute discretion. <br />113 Contract Administrator. The Executive Director of the Parks, Recreation <br />and Community Services Agency, or his /her designee, shall be City's Contract <br />Administrator for this Agreement and all approval and notices required to be given herein <br />shall be so directed and addressed. <br />15 <br />