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(d) Stating that the insurance afforded thereby to City, its Council, officers, boards, commissions, agents, and employees shall be primary insurance to the full limits of the liability of the policy, and that if City, its Council, officers, boards, commissions, agents, and employees have other insurance against a loss covered by such a policy, such other insurance shall be excess insurance only. 9. ABANDONMENT. In the event that Permittee abandons or fails to use the Subject Premises, or shall fail, neglect, or refuse to maintain the Subject Property in a neat and attractive condition, or to comply with any of the conditions herein contained, or in the event that this permission shall be revoked, then all rights of Permittee hereunder shall forthwith cease and terminate. 10. POSSESSION. Permittee agrees to deliver possession of the Subject Premises to City five (5) months from the date of approval of this Permit by City without further notice or upon notice of termination pursuant to paragraph 3 above (the "Delivery Date"). The Subject Premises shall be vacant at the time of delivery. TIME IS OF THE ESSENCE. It is agreed by the parties hereto that in the event the Subject Premises are not vacant by the Delivery Date, City will sustain damages and that it will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain as a result of Permittee's failure to vacate the Subject Premises and to restore same by the date of the termination. It is, therefore, agreed that Permittee will pay City the sum of Five Hundred and No/100 Dollars ($500.00) per day as liquidated damages for each and every calendar day's delay that Permittee has failed to vacate the Premises after the Delivery Date. II. ASSIGNMENTS. This permit and the privileges granted to Permittee hereunder shall not be assigned by Permittee without the prior written permission of City, except Permittee may assign this Permit to the Homeowner's Association proposed for Stratford Bay, evidenced by motion of City's City Council, duly made and carried; provided, that no such -4- -0- '---'""