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B.This License Agreement shall terminate immediately upon the breach by <br />the Licensee of any terms and conditions of this License Agreement or any terms and conditions <br />imposed during the Renewal Term. <br />C.This License Agreement shall terminate immediately upon revocation of <br />the Licensee's Encroachment Permit. <br />D.If the Licensee terminates use of the Licensed Area for more than thirty <br />(30)consecutive days or ceases business operations the License Agreement will be deemed <br />terminated. <br />E.Upon termination of the License Agreement, the Licensee shall <br />immediately remove all Improvements and return the Licensed Area to as good as or a better <br />condition than, the Licensed Area existed prior to the License Agreement. <br />(i)If the Licensee fails to remove the Improvements, the City shall <br />give written notice of its intent to remove and destroy or otherwise dispose of any Improvements <br />("Removal Notice"). The Removal Notice shall identify the date and time that the Licensee must <br />remove the Improvements from the Licensed Area ("Removal Date"), which shall be at least ten <br />calendar days from the date of the Removal Notice. <br />(ii)If the Licensee responds to the Removal Notice and requests <br />additional time to remove the Improvements, the City may agree to any such request and new <br />Removal Date, in its sole discretion. <br />(iii)If the Licensee does not respond to said Removal Notice by the <br />Removal Date and/or fails to remove the Improvements by the Removal Date, as may be <br />amended pursuant to subsection (E)(ii), the Parties agree that the Licensee's failure to remove <br />the Improvements shall be deemed by the Licensee to be a relinquishment of all ownership rights <br />and title to the Improvements to the City. Upon said relinquishment, the City may enter the <br />Licensed Area and remove and destroy or otherwise dispose of the Improvements and return the <br />Licensed Area to pre-License Agreement conditions. <br />(iv)The Licensee shall be responsible for any costs the City incurs <br />relating to the removal and destruction or disposal of the Improvements, including but not <br />limited to compensation for all City staff time and payment of all third party contractor fees and <br />attorneys' fees, to restore the Licensed Area to its pre-License Agreement condition. <br />12.TRANSITIONAL PERIOD: <br />A.There shall be a transitional period from termination of the Terminated <br />Program, which will occur on or about November 4, 2022 to full implementation of the Program, <br />which is scheduled to occur on or about March 24, 2023 (the "Transitional Period"). The Parties <br />agree that if the Licensee is issued an Outdoor Business Activity Permit on or before October 31, <br />2022, the Licensee may be allowed to temporarily retain its approved outdoor business activity <br />setups under the Terminated Program during the Transitional Period while the Licensee <br />REV: 06-09-25 VR <br />A TTY/AGR.2025.139/La Viga Culinary Inc. (2042 Broadway -LV Mar) (Page 7 of 33)