Agmt04 Montalvo at Fox Theatre - Laserfiche WebLink

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5. PAYMENT. Grantor shall pay to Grantee a sum not to exceed Fifty Thousand Dollars ($50,000) to help defray Grantee's costs associated with promoting and providing at least twenty-five first-rate live entertainment performances in the Downtown are of the City. Said sum shall be paid in two (2) installments as follows: (1) on or before January 15, 2005, Grantor shall issue funds to Grantee in the sum of Thirty-five Thousand Dollars ($35,000); (2) on or before May 15, 2005, Grantor shall issue funds to Grantee in the sum of Fifteen Thousand Dollars ($15,000). If at any time Grantee determines or is otherwise incapable of providing for said live entertainment performances, all uncommitted funds provided to Grantee by Grantor shall be immediately returned to Grantor by Grantee. 6. USE OF FUNDS. Grantee understands, acknowledges and agrees that no program funded pursuant to this Grant Agreement shall involve political activities or religious instruction or worship. 7. TERMINATION OF AGREEMENT. Should Grantee fail to meet its contractual commitment as set forth in this Grant Agreement, and/or breaches any other provisions of this Grant Agreement, Grantor shall have the absolute and immediate right to suspend any and all of its obligations under this Grant Agreement and/or terminate this Grant Agreement without penalty. 8. INDEMNIFICATION. Excepting only for the sole negligence or willful misconduct of Grantor or the City, Grantee shall defend, indemnify and hold harmless, Grantor, the City of Redwood City, its officers, employees and agents from and against all claims, damages, losses, judgments, liabilities, expenses and other costs including litigation costs and attorney's fees arising out of, resulting from, or in connection with the Atty/Agr/Agr,230 102804 3 """"""-"""--"'--"-"""f