Default or Termination. 12.1 Except where specifically provided otherwise in this Agreement, in the event the Operator shall default in any of the covenants, agreements, commitments, or conditions herein, or if any of the conditions set forth herein shall occur, and any such default shall continue unremedied for a period of three (3) business days after written notice thereof to Operator, City may, at its option and in addition to all other rights and remedies which it may have at law or equity against Operator, including expressly the specific enforcement hereof and the enforcement of City ordinances, have the cumulative right to immediately terminate this contract and all rights of Operator under this Agreement. Termination of this agreement will also result in revocation or termination of operator’s license. 12.2 Notwithstanding anything to the contrary herein, City may suspend or terminate this Agreement and Operator must cease operations at any time if City finds, in its sole discretion that Operator’s ▇▇▇▇ is not in the best interest of the health, safety, or welfare of City’s residents and visitors. 12.3 Operator’s obligation with regards to indemnification as provided in Section 15 of this Agreement shall survive the expiration or termination of this Agreement with regards to any claims arising during such time as this Agreement was in effect. 12.4 Upon instances of Default or Termination, Operator shall remove its Shared Devices from the right-of- way within two (2) days of being notified of termination by City. If Operator fails to remove the Shared Devices upon due notice, any remaining Shared Devices may be removed by City at Operator’s expense. Operator shall not be entitled to damages for the removal of Shared Devices by City. Operator agrees to hold the City harmless for any damage to Shared Devices caused by City’s removal and or storage of such vehicles.
Appears in 3 contracts
Sources: Operating Agreement, Operating Agreement, Operating Agreement