Laserfiche WebLink
terminate the Agreement with respect to the subject Carnival Area by giving written <br />notice to the City within thirty (30) days after such damage, destruction or <br />condemnation. If by virtue of such damage, destruction or condemnation, City <br />determines that the Park and/or Carnival Area is no longer adequate for Operator <br />to continue its operations, or any repairs to the Park and / or Carnival Area to <br />remedy such damage, destruction or condemnation have not been completed or <br />cannot reasonably be completed outside of forty-five (45) days from the date of the <br />upcoming scheduled carnival, City may terminate this Agreement upon thirty (30) <br />days written notice to Operator. <br />b. In the event of condemnation, unless Operator is allowed by the condemning <br />authority to continue its operations in the Carnival Area, this Agreement shall <br />terminate as of the date title to the Property vests in the condemning authority or <br />Operator is required to cease its operations, whichever is earlier. If any property <br />described herein or hereinafter added hereto is taken in eminent domain, the entire <br />award shall be paid to City. <br />19. TERMINATION <br />This Agreement may be terminated by the City upon thirty (30) days written notice of <br />termination. City may terminate this Agreement for cause upon three (3) days written notice for <br />any violation of the terms contained herein. <br />20. DEFAULT BY OPERATOR <br />Should Operator default in the performance of any of the terms, conditions, or obligations <br />contained in this Agreement, City may, in addition to the remedies specified elsewhere in this <br />Agreement and the RFP, re-enter and regain possession of the Carnival Area in the manner <br />provided by the laws of unlawful detainer of the State of California then in effect. <br />21. INSOLVENCY OF OPERATOR <br />The insolvency of Operator as evidenced by a receiver being appointed to take possession <br />of all or substantially all of the property of Operator, or the making of a general assignment for the <br />benefit of creditors by Operator, or the filing of a petition in bankruptcy shall terminate this <br />Agreement and entitle City to re-enter and regain possession of the Carnival Area. <br />22. 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 provided <br />in this Agreement. <br />Page 7 of I <br />