Reso 2012-1844 - Laserfiche WebLink

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10. CITY'S RESERVATION OF RIGHTS: a. The City reserves the right to operate the concession area with its own food and beverage supplies, at its sole cost and expense, in the event the Contractor is unable to perform Services either a) at any particular time /date within the approved operating hours, or b) any requested hours outside the approved operating hours with at least 24 (twenty four) hours advance notice from the City. In such an event, the Contractor shall incur no cost or expense, nor shall Contractor receive any revenues, during the period of time the City operates the concession area with its own food and beverage supplies. b. During certain City sponsored special events, the City also reserves the right to permit other vendors to provide concessionaire services for the Samson Oceanfront Park, including food and beverage supplies, and/or exclude all concessionaire services from the park. Decisions to allow other vendors to provide concessionaire services and/or to exclude all concessionaire service providers from providing concessionaire services during certain City sponsored special events shall be at the sole discretion of the City Manager or his designee. However, in such an event, the City Manager or his designee shall provide Contractor with at least 10 (ten) calendar days advance written notice. 11. TERMINATION. a. Termination for Default. If, through any cause within the reasonable control the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this agreement, the City shall have the right to terminate the services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this agreement. i. In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and sub - Contractor[s]) shall be delivered to the City and the Contractor shall compensate the City in accordance with Section 3 of this Agreement. ii. Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the agreement by Contractor. iii. After receipt of a Termination Notice and except as otherwise directed by the City, the Contractor shall: 1. Stop work on the date and to the extent specified; 2. Terminate and settle all orders and subcontracts relating to the performance of the terminated work; C1011 -036 Snack Time LLC Sampson Oceanfront Park Agreement Page 6 of 11