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6.1.E. - Page 7 <br /> Licensee will furnish certificates of insurance and endorsements to Licensor prior <br /> to Licensor's execution of this Agreement. <br /> 8. TERMINATION. <br /> Licensor shall have the right to terminate this Agreement in the event Licensee <br /> fails to perform any of its material obligations under this Agreement and such <br /> failure to perform is not cured within three (3) months of written notice of such <br /> failure, provided however, if the failure constitutes an un-curable breach, the <br /> Agreement may be terminated upon ten (10) days written notice. <br /> 8.1 CURABLE. The following deficiencies by Licensee shall constitute <br /> curable breaches: <br /> (a) Licensee fails to provide services and programs meeting the City's <br /> needs, as described in Exhibit B. Factors by which the quality of <br /> programming is to be determined, includes the number of older <br /> adults utilizing services and number of new older adults, number of <br /> community members using services, number of new community <br /> members, and total units of service. <br /> (b) Licensee fails to coordinate the use of the Premises occupied by <br /> Licensee with City staff. <br /> (c) Licensee fails to control its staff guests or invitees and as a result <br /> the activities at the Center are regularly disrupted. <br /> (d) Licensee fails to remain a financially viable organization, serve the <br /> target populations and provide quality services. Failing to remain <br /> financially viable shall mean that Licensee is unable to secure <br /> sufficient financial resources to provide the required services set <br /> forth in Exhibit "B." <br /> (e) Licensee causes the destruction of all or any portion of the <br /> Premises during the term hereof, from any cause. <br /> 8.2 TERMINATION BY LICENSEE. Licensee may terminate this Agreement <br /> upon three (3) months' prior written notice to Licensor if Licensee is <br /> unable to secure sufficient financial or other resources to provide quality <br /> programming and if for any reason, Licensee is unable or unwilling to <br /> provide the services and programs required herein. <br /> 9. MISCELLANEOUS. <br /> 9.1 COMPLIANCE WITH LAWS. Licensee will comply with all applicable <br /> local, state and federal laws and regulations including those prohibiting <br /> discrimination and harassment. <br /> 9.2 VENUE AND JURISDICTION. Licensee agrees and stipulates that the <br /> proper venue and jurisdiction for resolution of any disputes between the <br /> parties arising out of this Agreement is the Superior Court, San Mateo <br /> County, California. <br /> ATTY/AGR/2012.111/PENINSULA FAMILY SERVICE <br /> REV:08-28-12 JS <br /> Page 5 of 10 <br />