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b. Immediately, City may terminate or suspend this Agreement due to <br />emergency circumstances, in the sole and absolute discretion of the City Manager. <br />C Upon ten (10) days verbal and/or written notice to Licensee, City may, in <br />the sole and absolute discretion of the City Manager, suspend any farmers' market <br />events due to the need to access Farmers' Market Area for other uses. <br />d. Upon thirty (30) days advance written notice to Licensee, City may, in <br />the sole and absolute discretion of the City Manager, terminate this Agreement (i) upon <br />sale or lease of the Farmers' Market Area; (ii) if Licensee fails to host a scheduled <br />farmers' market event on two occasions, or (iii) if Licensee fails to provide the minimum <br />number of vendors that were specified in the Event List. <br />19. Notice. Notices required hereby shall be deemed to have been fully given <br />when served personally on Licensee or City or when deposited in the United States <br />mail, postage prepaid, and addressed as follows: <br />To City: <br />City of Redwood City <br />Attention: City Manager <br />1017 Middlefield Road <br />Redwood City, CA 94063 <br />To Licensee: <br />Redwood City Kiwanis Foundation <br />Attention: Caroline McHenry <br />P.O. Box 624 <br />Redwood City, CA 94064 <br />20. Independent Contractor. Licensee is an independent contractor and is not <br />an employee of City. Furthermore, City and Licensee are not partners, coventurers or <br />in a joint enterprise. Wherever the term "California Farmers' Markets" is used herein, <br />the term shall mean, be interpreted and include Licensee, its grower members, officers <br />and agents. <br />21. Subcontracts. No portion of the farmers' market or any obligations in this <br />Agreement shall be subcontracted without prior written consent of City. In the event <br />Licensee desires to subcontract some or all of the work or obligations specified in this <br />Agreement, Licensee shall furnish City with the names, qualifications, and experience of <br />the proposed subcontractor. Licensee shall remain fully liable to City for the farmers' <br />market events and responsible for the work or obligations to be handled by any <br />approved subcontractor and shall assure compliance with all requirements of this <br />Agreement. <br />22. Employment Discrimination Prohibited. During the performance of this <br />Agreement, Licensee agrees as follows: <br />a. Licensee shall not discriminate against any employee or applicant for <br />employment because of race, religious creed, color, national origin, ancestry, physical <br />REV: 04-02-19 PR <br />Page 7 of 16 <br />ATTY/AGR.2019.079/Redwood City Kiwanis Club <br />