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1 <br /> condition it was before the Festival . A joint inspection will be performed <br /> before and after the Festival to determine compliance with this Article . <br /> 9 . WAIVER: The failure of the City or the County to take action with respect to <br /> any breach of any term, convenant or condition contained herein, or any <br /> instance of default hereunder by FFLF, Inc . , shall not be deemed to be a waiver <br /> by the City or the County of any other default or breach . <br /> 10 . LEGAL FEES AND COSTS : The party who prevails in any claim or action <br /> brought under this Contract shall be entitled to costs and expenses of such suit <br /> including reasonable attorneys' fees, from the non-prevailing party. <br /> 11 . DEFAULT AND LIQUIDATED DAMAGES . The failure of any party to <br /> comply with the terms and conditions of this Contract applicable to such party, <br /> after receipt of an oral request to correct the default, shall constitute a default <br /> of this Contract. If any default is not corrected in accordance with the <br /> provisions hereof, the non - defaulting party shall have the right to sue for all <br /> damages sustained as a result of the default in additional to any other remedies <br /> provided herein . <br /> 12 . TERMINATION OF CONTRACT: This Contract shall terminate and be of no <br /> further force or effect with no party having any liability to the other parties in <br /> the event of fire, flood , tornado, windstorm or other acts of God, beyond the <br /> control of any party, that result in any party being unable to fulfill its <br /> obligations under this Contract. <br /> 13 . PUBLIC ACCESS TO RECORDS : All documents, papers, letters, or other <br /> materials relating to this Contract that are made or received by FFLF, Inc . in <br /> conjunction with this Contract, and which are required by law to be <br /> maintained, must be available for public access and for audit purposes for a <br /> period of three ( 3 ) years after the expiration of this Contract. Said records <br /> shall also be maintained per Chapter 119 and other applicable Florida Statutes . <br /> 14 . TERMINATION : The City or the County may cancel this Contract for refusal <br /> by FFLF, Inc . to honor requests for public access to all documents, papers, <br /> letters, or other materials subject to the provisions of Chapter 119, Florida <br /> Statutes, and made or received by FFLF, Inc . in conjunction with this <br /> Contract. <br /> 15 . WARRANTIES : FFLF, Inc . covenants and warrants as follows : <br /> ( a ) It is lawfully organized and constituted under all federal, state and local <br /> laws, ordinances and other authorities of its domicile and is otherwise in <br /> full compliance with all legal requirements of its domicile . <br /> 5 <br />