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25B - AGMT ZOO FOOD
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25B - AGMT ZOO FOOD
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Last modified
4/26/2018 6:46:45 PM
Creation date
4/26/2018 6:40:07 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Parks, Recreation, & Community Services
Item #
25B
Date
5/1/2018
Destruction Year
2023
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20. ASSIGNMENT AND SUBLETTING <br />a. Inasmuch as this Agreement is intended to secure the specialized services of Bean <br />Sprouts, Bean Sprouts may not assign, transfer, delegate, or subcontract.any interest <br />herein without the prior written consent of the City and any such assignment, <br />transfer, delegation or subcontract without the City's prior written consent shall be <br />considered null and void. Nothing in this Agreement shall be construed to limit the <br />City's ability to have any of the services which are the subject to this Agreement <br />performed by City personnel or by other concessionaries retained by City. <br />b. Bean Sprouts has no right to sublet the Premises. <br />21. TERMINATION <br />a. By City- If Bean Sprouts breaches any of the provisions of this Agreement, City <br />shall provide written notice thereof to Bean Sprouts, and shall thereafter afford <br />Bean Sprouts thirty (30) days in which to cure any such breach. If Bean Sprouts <br />fails to cure such breach during such cure period, this Agreement will terminate <br />upon the expiration of the cure period. <br />of this Agreement, Bean <br />Sprouts shall provide written notice thereof to City, and shall thereafter afford City <br />thirty (30) days in which to cure any such breach. If City fails to cure such breach <br />during such cure period, this Agreement will terminate upon the expiration of the <br />cure period. These termination rights are in addition to the termination right set <br />forth in Section 5 hereof. <br />22. WAIVER <br />No waiver of breach, failure of any condition, or any right or remedy contained in or <br />granted by the provisions of this Agreement shall be effective unless it is in writing and signed by <br />the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or <br />remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not <br />similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. <br />23. JURISDICTION - VENUE <br />This Agreement has been executed and delivered in the State of California and the validity, <br />interpretation, performance, and enforcement of any of the clauses of this Agreement shall be <br />determined and governed by the laws of the State of California. Both parties further agree that <br />Orange County, California, shall be the venue for any action or proceeding that may be brought or <br />arise out of, in connection with or by reason of this Agreement. <br />24. PROFESSIONAL LICENSES <br />Bean Sprouts shall, throughout the term of this Agreement, maintain all necessary licenses, <br />pennits, approvals, waivers, and exemptions necessary for the provision of the services hereunder <br />Page 13 of 17 <br />25B-17 <br />
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