Agmt24 Redwood City Kiwanis Club

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REV: 02-28-24 VR the foregoing to the contrary, City may, in the sole and absolute discretion of the City Manager, terminate or suspend this Agreement on shorter notice as follows: a. Immediately, City may, in the sole and absolute discretion of the City Manager, terminate this Agreement if (i) Licensee discontinues or abandons operations; (ii) Licensee is adjudged bankrupt or is reorganized under any bankruptcy law; (iii) Licensee fails to keep in force any required insurance policies or bonds; or (iv) Licensee fails to comply with any Section or part of this Agreement. b. Immediately, City may terminate or suspend this Agreement due to emergency circumstances, in the sole and absolute discretion of the City Manager. c Upon ten (10) days verbal and/or written notice to Licensee, City may, in the sole and absolute discretion of the City Manager, suspend any farmers’ market events due to the need to access Farmers’ Market Area for other uses. d. Upon thirty (30) days advance written notice to Licensee, City may, in the sole and absolute discretion of the City Manager, terminate this Agreement (i) upon sale or lease of the Farmers’ Market Area; (ii) if Licensee fails to host a scheduled farmers’ market event on two occasions, or (iii) if Licensee fails to provide the minimum number of vendors that were specified in the Event List. 19.Notice. Notices required hereby shall be deemed to have been fully given when served personally on Licensee or City or when deposited in the United States mail, postage prepaid, and addressed as follows: To City: City of Redwood City Attention: City Manager 1017 Middlefield Road Redwood City, CA 94063 To Licensee: Redwood City Kiwanis Foundation Attention: Tim McHenry P.O. Box 1187 San Carlos, CA 94070 20. Independent Contractor. Licensee is an independent contractor and is not an employee of City. Furthermore, City and Licensee are not partners, coventurers or in a joint enterprise. Wherever the term “California Farmers’ Markets” is used herein, the term shall mean, be interpreted and include Licensee, its grower members, officers and agents. 21. Subcontracts. No portion of the farmers’ market or any obligations in this Agreement shall be subcontracted without prior written consent of City. In the event Licensee desires to subcontract some or all of the work or obligations specified in this Agreement, Licensee shall furnish City with the names, qualifications, and experience of the proposed subcontractor. Licensee shall remain fully liable to City for the farmers’ market events and responsible for the work or obligations to be handled by any ATTY/AGR.2024.025/Redwood City Kiwanis Club (Revocable License Agreement) (Page 7 of 17)