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2005-368 (4)
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2005-368 (4)
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BK : 1961 PG : 1012 <br /> beverage sales, merchandise sales , concessions and products sales, parking, advertising, <br /> sponsorship, promotional and signage rights , and any other revenues derived or generated in <br /> connection with the Permitted Uses . Dodgers shall control , collect, receive, and retain all <br /> revenues generated by any means in connection with the use of the Parking Property during <br /> Dodgers ' Events . <br /> Section 4.02 . No Naming Rights. The City shall have no right to sell naming, <br /> affiliation , and/or sponsorship rights in and to the Parking Property. Dodgers shall retain all <br /> Naming Rights granted to them pursuant to Section 7 . 02 of the Facility Lease Agreement. <br /> ARTICLE V <br /> Default and Remedies <br /> Section 5 .01 . The City ' s Default. The occurrence of any one or more of the following <br /> events constitutes a "Default" by the City under this Agreement: <br /> (a) Failure by the City to observe or perform in any material respect any <br /> covenant, agreement, condition, or provision of this Agreement, if such failure continues <br /> for thirty (30) days after written notice thereof has been delivered by Dodgers to the City; <br /> provided , however, that the City shall not be in Default with respect to matters which <br /> cannot reasonably be cured within thirty (30) days so long as within such thirty (30) day <br /> period, the City commences such cure and diligently proceeds to complete the same <br /> thereafter; <br /> (b) The levy upon, under execution or the attachment by legal process , the <br /> City ' s interest hereunder, or the filing or creation of a lien in respect of such interest, <br /> which levy, attachment, or lien is not released, discharged or bonded against within one <br /> hundred eighty ( 180) days from the date of such filing ; <br /> (c) The City is finally adjudicated insolvent or bankrupt or admits in writing <br /> its inability to pay its debts as such mature, or makes an assignment for the benefit of <br /> creditors , or applies for or consents to the appointment of a trustee or receiver for the City <br /> or for the major part of its property; <br /> (d) A trustee or receiver is appointed for the City or for the major part of its <br /> property and such trustee or receiver is not discharged within one hundred eighty ( 180) <br /> days after such appointment; or <br /> (e) Bankruptcy, reorganization, arrangement, insolvency or liquidation <br /> proceedings, or any other proceedings for relief under any bankruptcy law, or similar law <br /> for the relief of debtors, are instituted by or against the City, and, if instituted against the <br /> City, are allowed against it or are consented to by it or are not dismissed within one <br /> hundred eighty ( 180) days after such institution, to the extent permitted by law . <br /> If a Default occurs, Dodgers shall have the rights and remedies set forth in this Agreement, <br /> which shall be distinct, separate, and, to the extent not mutually exclusive, cumulative, and shall <br /> Page 9 of 21 <br />
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