|
27
<br />APPROVED 12/05105
<br />I L2 Governmental Compliance.
<br />RFP, its officers, agents and employees shall comply with all Laws applicable to
<br />RFP's management of the Facility hereunder. With respect to the ADA, RFP will comply with
<br />Title III of the ADA and the provision of such auxiliary aids or alternate services as may be
<br />required by the ADA. Nothing in this Section 11.2 or elsewhere in this Agreement shall,
<br />however, require RFP to undertake any of the foregoing compliance activity, nor shall RFP have
<br />any liability under this Agreement therefor, if (a) such activity requires any Capital
<br />Improvements or Capital Equipment purchases, unless the County provides funds for such
<br />Capital Improvements and Capital Equipment purchases pursuant to Section 5.8 hereof, or (b)
<br />any Pre - existing Agreement fails to require any licensee, lessee, tenant, promoter or user of any
<br />portion of the Facilities to comply, and to be financially responsible for compliance, with Title
<br />III of the ADA in connection with any activities of such licensee, lessee, tenant, promoter or user
<br />at the Facilities. Furthermore, RFP shall have the right to require any licensee, lessee, tenant,
<br />promoter or user of any portion of the Facility to comply, and to be financially responsible for
<br />compliance, with Title III of the ADA in connection with any activities of such licensee, lessee,
<br />tenant, promoter or user at the Facility.
<br />11.3 No Discrimination in Employment.
<br />In connection with the performance of work under this Agreement, RFP shall not
<br />refuse to hire, discharge, refuse to promote or demote, or discriminate in matters of
<br />compensation against, any Person otherwise qualified, solely because of race, color, religion,
<br />gender, age, national origin, military status, sexual orientation, marital status or physical or
<br />mental disability.
<br />12. Termination.
<br />12.1 Termination Upon Default.
<br />.. .. ... ...... _ ....... . _._...... ........... . ...... ...._ ........ _....__ ......... _...._
<br />Either party may terminate this Agreement upon a default by the other party
<br />hereunder. A party shall be in default hereunder if (i) such party fails to pay any sum payable
<br />hereunder within fifteen (15) days after same is due and payable, or (ii) such party fails in any
<br />material respect to perform or comply with any of the other terms, covenants, agreements or
<br />conditions hereof and such failure continues for more than thirty (30) days after written notice
<br />thereof from the other party. In the event than a default (other than a default in the payment of
<br />money) is not reasonably susceptible to being cured within the thirty (30) day period, the
<br />defaulting party shall not be considered in default if it shall within such thirty (30) day period
<br />have commenced with due diligence and dispatch to cure such default and thereafter completes
<br />with dispatch and due diligence the curing of such default. RFP acknowledges and agrees that
<br />neither it nor any concessionaire, vendor, promoter, licensee or other party with whom RFP may
<br />deal in connection with the Facility is a tenant of the Facility or has any leasehold or other
<br />similar interest in the land of or in the Facility itself, and summary ejectment procedures shall
<br />not be applicable to any termination of RFP's rights to manage the Facility hereunder.
<br />25
<br />
|