Agmt06 Eddie's Bookstores, Inc. - DBA Secrets Boutique

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that, beginning on the date of such tennination without cause but not before, Article 27 in its then current form, is invalid as applied to the Adult Bookstore. If such a challenge is made, the City may not argue laches or assert statute of limitations as a defense with respect to any period before the City terminates the Agreement. (c) Terminationfor Cause by the City. The City may terminate this Agreement for cause at any time if the Adult Bookstore materially breaches this Agreement. In the alternative, if the City believes the Adult Bookstore has materially breached this Agreement during any term of this Agreement and does not desire to renew this Agreement because ofthe breach, the City shall notify the Adult Bookstore of its decision at least 10 days prior to the end of the tenn of this Agreement. In either case, sections 5, 7 and 9 below, shall remain in full force and effect after such termination or nonrenewal and shall survive the Agreement. (d) Alternative Damages for Material Breach. As an alternative to terminating this Agreement for a material breach, and at the sole option of the City, the City may recover from the Adult Bookstore or David Sturman up to a total of$200 per day for each day the Adult Bookstore materially breaches this Agreement. (e) Dispute Resolution Concerning Adult Bookstore 's Material Breach. Disputes concerning whether the Adult Bookstore materially breached this Agreement shall be settled by arbitration administered by the American Arbitration Association under the Expedited Procedures for its Commercial Arbitration Rules, except as otherwise specifically stated herein, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall take place in Redwood City, California. or at some other place mutually agreeable to the parties. Each party shall bear their own costs and attorney's fees, and a prevailing party in the arbitration shall not be entitled to recover attorney's fees or costs from a losing party. If the arbitrator finds that the Adult Bookstore materially breached this Agreement, this Agreement shall terminate except sections 3(f), 5, 7 and 9 below, which 5