Reso 2013-2095 - Laserfiche WebLink

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return receipt requested) of intent to terminate. In the event of such termination, MANAGEMENT shall take all necessary measures to mitigate termination expenses. 14. FORCE MAJEURE Except as otherwise provided herein, neither party shall be obligated to perform and neither party shall be obligated to perform and neither party shall be deemed to be in default of its performance if prevented by: (a) fire not caused by negligence of either party, earthquake, hurricane, wind, flood, act of God, riot, or civil commotion including the unavailability of sufficient fuel, energy or funds to operate the AREA occurring at the AREA; or (b) any law, ordinance, rule, regulation, or order of any public or military authority stemming from the existence of economic or energy controls, hostilities, war, or governmental law and regulation; or labor dispute which results in a strike or work stoppage affecting the AREA or services described in this Agreement other than those occurring as a result of an act or omission of MANAGEMENT. Notwithstanding the above, in the event of an emergency threatening damage to persons or property as determined by MANAGEMENT, MANAGEMENT shall act in an expeditious manner to protect said persons or property. 15. NONDISCRIMINATION MANAGEMENT agrees that there shall be no discrimination against any person on account of race, color, sex, religious creed, ancestry, national origin, or mental or physical handicap in the admittance to and use of the AREA and the improvements thereon. It is expressly understood that upon finding of any evidence of discrimination, the CITY shall have the right to terminate this Agreement. 16. CUMULATIVE REMEDIES No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies provided in this Agreement or otherwise available at law or in equity. 17. ATTORNEY'S FEES In the event it is deemed necessary by either the CITY or MANAGEMENT to file a lawsuit in the appropriate court of law to enforce any of the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees. 18. SURRENDER OF PREMISES MANAGEMENT will quietly and peaceably deliver the AREA to the CITY in the same repair and condition in which they were received at the inception of this Agreement. 19. WRITTEN NOTICES The parties agree that all notices under this Lease Agreement must be in writing and shall be deemed to be served when delivered to either party at: 6