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A. Unity Gardens shall discontinue the use of the Premises for placement or <br />maintenance of the Garden for a ninety (90) day period during the growing season beginning <br />May 1 and ending October 31; <br />B. If the City determines that the maintenance of the Garden on the Premises <br />unduly interferes with the maintenance and use of any of the City's facilities, equipment or <br />structures on the Premises, or with the present or future use of the Premises by the City, its <br />lessees, successors or assigns, for their respective purposes. <br />C. If the City determines that the presence of the Garden on the Premises will <br />cause the City to be in violation of any State or Federal rule, regulation, statute or law thereby <br />jeopardizing its ability to use the Premises. <br />D. If the City determines that the Garden conflicts with a proposed use of the <br />Premises by the City or by a third party. <br />14. Removal of Garden; Survival. The Garden is and shall remain the personal <br />property of Unity Gardens. Upon the termination of this Agreement, Unity Gardens shall <br />remove the Garden from the Premises within thirty (30) days after the effective date thereof. In <br />the event that the City elects to terminate this Agreement or any extension thereof, pursuant to <br />the City's rights to terminate in accordance with Paragraph 13, hereinabove, the City will <br />contribute up to $10,000.00 in costs to re- locate up to three temporary structures located on the <br />Premises. In performing such removal, unless otherwise directed by the City, Unity Gardens <br />shall restore the Premises to the same condition as existed prior to the placement of the Garden, <br />reasonable wear and tear excepted. In the event Unity Gardens shall fail to so remove the <br />Garden or restore the Premises, the Garden shall be deemed to have been abandoned by Unity <br />Gardens, and the same shall become the property of the City for the City to use, remove, destroy <br />or otherwise dispose of at its discretion, and without responsibility for accounting to Unity <br />Gardens therefor; provided, however, in the event the City elects to remove the Garden, the City, <br />in addition to any other legal remedy it may have, shall have the right to recover from Unity <br />Gardens all costs incurred in connection with such removal and restoration of the Premises. <br />Notwithstanding anything to the contrary contained in this Agreement, the termination of this <br />Agreement shall not relieve Unity Gardens from Unity Gardens' obligations accruing prior to the <br />termination date, and such obligations shall survive any such expiration or other termination of <br />this Agreement. <br />15. Limitations Upon Damages. Notwithstanding any other provision of this <br />Agreement, the City shall not be liable for breach of this Agreement or under this Agreement for <br />any consequential, incidental, exemplary, punitive, special, business damages or lost profits, as <br />well as any claims for death, personal injury and property loss and damage which occurs by <br />reason of, or arises out of, or is incidental to the interruption in or usage of the Garden placed <br />upon or about the Premises by Unity Gardens, including without limitation, any damages under <br />such claims that might be considered consequential, incidental, exemplary, punitive, special, <br />business damages or lost profits. <br />