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25B - AGMT - CARNIVAL SRVS
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03/21/2017
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25B - AGMT - CARNIVAL SRVS
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Last modified
3/16/2017 4:02:03 PM
Creation date
3/16/2017 3:49:12 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Parks, Recreation, & Community Services
Item #
25B
Date
3/21/2017
Destruction Year
2022
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15. DEFAULT BY PROMOTER <br />Should Promoter default in the performance of any of the tenns, conditions, or <br />obligations contained in this Agreement, City may, in addition to the remedies specified <br />elsewhere in this Agreement, terminate this Agreement and contract with another entity for <br />production of any remaining Event(s). <br />16. INSOLVENCY OF PROMOTER, <br />The insolvency of Promoter as evidenced by a receiver being appointed to take <br />possession of all or substantially all of the property of Promoter, or the making of a general <br />assignment for the benefit of creditors by Promoter, or the filing of a petition in bankruptcy shall <br />terminate this Agreement. <br />17. CUMULATIVE REMEDIES <br />The remedies given to City in this Agreement shall not be exclusive, but shall be <br />cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere <br />provided in this Agreement. <br />18. WAIVER OF BREACH <br />The waiver by City of any breach by Promoter of any of the provisions of this Agreement <br />shall not constitute a continuing waiver or a waiver of any subsequent breach by Promoter either <br />of the same or another provision of this Agreement. <br />19. CONFLICT OF INTEREST CLAUSE <br />Promoter covenants that it presently has no interests and shall not have interests, direct or <br />indirect, which would conflict in any manner with performance of services specified under this <br />Agreement. <br />20, NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this <br />Agreement shalt be in writing and shall be deemed to be properly given if delivered in person or <br />mailed by first class or certified mail, postage prepaid, addressed to the party concerned as <br />follows: <br />To City: Clerk of the City Council <br />City of Santa Ana <br />20 Civic Center Plaza (M -30) <br />P.O. Box 1988 <br />Santa Ana, CA 92702 -1988 <br />Fax: 714-647-6936 <br />Courtesy copies to: Executive Director of Parks, Recreation and Community Services <br />City of Santa Ana <br />20 Civic Center Plaza (M -23) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />259 -7 <br />
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