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<br />shall remain in full force and effect and shall survive this Agreement. If the arbitrator <br />finds that the Adult Bookstore did not materially breach this Agreement, this Agreement <br />shall continue in full force and effect. <br />(f) Termination of Adult Use. In the event the Adult <br />Bookstore terminates this Agreement br is found to have materially breached this <br />Agreement pursuant to subsection 3( c) above, the Adult Bookstore shall, upon <br />termination or within 30 days after the arbitrator has found that the Adult Bookstore <br />materially breached this Agreement, either (I) cease operating the Adult Bookstore at <br />739 El Camino Real and convert to a legally conforming use, or (2) relocate the Adult <br />Bookstore to a different site permitted by Article 27 pursuant to section 6 below. In the <br />event the arbitrator finds the Adult Bookstore materially breached this Agreement, this <br />subsection and sections 5, 6, 7 and 9 of this Agreement, shall remain in full force and <br />effect and shall survive termination of this Agreement, and neither the Adult Bookstore <br />nor David Sturman may pursue any claim or defense that Article 27 is invalid. The <br />parties agree that the City shall be entitled to recover from the Adult Bookstore or David <br />Sturman up to a total of$I,OOO per day for each day the Adult Bookstore fails to close or <br />relocate the Adult Bookstore under this subsection. <br />(g) Limited Effect of Waiver. Should the City waive its right to <br />seek a remedy for the breach of any provision of this Agreement by the Adult Bookstore <br />and/or David Sturman, that waiver will not operate or be construed as a waiver by the <br />City of its right to seek a different remedy for such breach or to seek a remedy for any <br />further breach by the Adult Bookstore and/or David Sturman. <br />4. Denial of Liability. The City avers that Article 27 is valid and <br />constitutional and denies any and all legal or equitable liability under any federal, state, <br />or local statute, regulation or ordinance, or the common law, arising out of the Adult <br />Bookstore or David Sturman's allegation that Article 27 is invalid. In entering into this <br /> <br />6 <br />