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<br />2. This indemnity shall survive the termination of this Agreement and shall <br />not apply to any injury, damage or loss caused in whole or in part by the <br />negligence of Beverage Provider. <br /> <br />. H, Termination. <br /> <br />1. If City fails to perform any of the promises set forth in this Agreement, then <br />as its sole remedy, Beverage Provider may terminate this Agreement, and <br />City shall return the Dispensing Equipment to Beverage Provider and pay <br />to Beverage Provider, within (30) days, a pro rata portion (based on the <br />number of years out offive (5) the Agreement has concluded) of the amount <br />Beverage Provider has invested in the purchase of the Scoreboard, <br /> <br />2, Notwithstanding the other provisions of this Agreement, if any federal, state <br />or local law, rule, regulation or order prohibits, restricts, or in any manner <br />interferes with, limits or prohibits the use of the Scoreboard by City or the <br />availability of Beverages at any time during the Term of this Agreement or <br />iffor any reason a material component of the Complex is closed, then as its <br />sole remedy, Beverage Provider may terminate this Agreement and City <br />shall return the Dispensing Equipment to Beverage Provider and pay to <br />Beverage Provider, within (30) days, a pro rata portion (based on the <br />number of years out offive (5) the Agreement has concluded) of the amount <br />Beverage Provider has invested in the purchase of the Scoreboard. <br /> <br />3. City represents and warrants that it has full right and authority to enter <br />into this Agreement and to grant and convey to Beverage Provider the rights <br />set forth herein. Upon expiration or revocation of such authority, and as its <br />sole remedy, Beverage Provider may terminate this Agreement, and City <br />shall return the Dispensing Equipment to Beverage Provider and pay to <br />Beverage Provider, within (30) days, a pro rata portion (based on the <br />number of years out offive (5) the Agreement has concluded) of the amount <br />Beverage Provider has invested in the purchase of the Scoreboard. <br /> <br />4. Beverage Provider shall have the right to withhold and not pay further any <br />amounts which may become payable to City pursuant to this Agreement if <br />City (i) has failed to perform its obligations hereunder, (ii) Beverage <br />Provider's rights hereunder have been lost, limited or restricted, or (iii) <br />there exists a bona fide dispute between the parties. <br /> <br />I. Miscellaneous, This Agreement and its Exhibits constitute the entire <br />understanding of the parties and no terms may be altered or waived except by the <br />mutual written consent of both parties. This Agreement may not be assigned nor <br />the Scoreboard sold or otherwise conveyed by City during the term of this <br />Agreement without Beverage Provider's written consent. Each of the parties hereto <br />agrees that it will, in its performance of its obligations hereunder, fully comply <br />with all applicable laws, regulations and ordinances of an relevant authorities and <br />shall obtain all licenses, registrations or other approvals required in order to fully <br />perform its obligations hereunder. <br /> <br />Beverage Provider Ag~<ment - Page 4 <br />