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<br /> 6.1E <br /> Page 7 <br /> 5. PAYMENT. Grantor shall pay to Grantee a sum not to exceed Thirty <br /> Thousand Dollars ($30,000) to help defray Grantee's costs associated with promoting <br /> and providing at least thirty first-rate live entertainment performances in the Downtown <br /> are of the City. Said sum shall be paid in two (2) installments as follows: (1) on or <br /> before June 30, 2006, Grantor shall issue funds to Grantee in the sum of Fifteen <br /> Thousand Dollars ($15,000); (2) on or before December 31, 2006, Grantor shall issue <br /> funds to Grantee in the sum of ,Fifteen Thousand Dollars ($15,000). If at any time <br /> Grantee determines or is otherwise incapable of providing for said live entertainment <br /> performances, all uncommitted funds provided to Grantee by Grantor shall be <br /> immediately returned to Grantor by Grantee. <br /> 6. USE OF FUNDS. Grantee understands, acknowledges and agrees that <br /> no program funded pursuant to this Grant Agreement shall involve political activities or <br /> religious instruction or worship. <br /> 7. TERMINATION OF AGREEMENT, Should Grantee fail to meet its <br /> contractual commitment as set forth in this Grant Agreement, and/or breaches any other <br /> provisions of this Grant Agreement, Grantor shall have the absolute and immediate right <br /> to suspend any and all of its obligations under this Grant Agreement and/or terminate <br /> this Grant Agreement without penalty. <br /> 8. INDEMNIFICATION. Excepting only for the sole negligence or willful <br /> misconduct of Grantor or the City, Grantee shall defend, indemnify and hold harmless, <br /> Grantor, the City of Redwood City, its officers, employees and agents from and against <br /> all claims, damages, losses, judgments, liabilities, expenses and other costs including <br /> litigation costs and attorney's fees arising out of, resulting from, or in connection with the <br /> ATTYIAGR/2006.015 <br /> 041906 3 <br />