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<br />5. <br /> <br />PAYMENT. Grantor shall pay to Grantee a sum not to exceed Thirty <br /> <br />Thousand Dollars ($30,000) to help defray Grantee's costs associated with promoting <br /> <br />and providing at least thirty first-rate live entertainment performances in the Downtown <br /> <br />are of the City. Said sum shall be paid in two (2) installments as follows: (1) on or <br /> <br />before June 30, 2006, Grantor shall issue funds to Grantee in the sum of Fifteen <br /> <br />Thousand Dollars ($15,000); (2) on or before December 31,2006, Grantor shall issue <br /> <br />funds to Grantee in the sum of Fifteen Thousand Dollars ($15,000). If at any time <br /> <br />Grantee determines or is otherwise incapable of providing for said live entertainment <br /> <br />performances, all uncommitted funds provided to Grantee by Grantor shall be <br /> <br />immediately returned to Grantor by Grantee. <br /> <br />6. <br /> <br />USE OF FUNDS. Grantee understands, acknowledges and agrees that <br /> <br />no program funded pursuant to this Grant Agreement shall involve political activities or <br /> <br />religious instruction or worship. <br /> <br />7. <br /> <br />TERMINATION OF AGREEMENT. Should Grantee fail to meet its <br /> <br />contractual commitment as set forth in this Grant Agreement, and/or breaches any other <br /> <br />provisions of this Grant Agreement, Grantor shall have the absolute and immediate right <br /> <br />to suspend any and all of its obligations under this Grant Agreement and/or terminate <br /> <br />this Grant Agreement without penalty. <br /> <br />8. <br /> <br />INDEMNIFICATION. Excepting only for the sole negligence or willful <br /> <br />misconduct of Grantor or the City, Grantee shall defend, indemnify and hold harmless, <br /> <br />Grantor, the City of Redwood City, its officers, employees and agents from and against <br /> <br />all claims, damages, losses, judgments, liabilities, expenses and other costs including <br /> <br />litigation costs and attorney's fees arising out of, resulting from, or in connection with the <br /> <br />I:REDEVELOPMENT/2006 STAFF REPORTS/O4-2006/Montalvo Grant <br /> <br />3 <br />