Laserfiche WebLink
d.Clean all litter, refuse, and spills after each day’s use. <br />e.Offering food and beverage service in the Parklet area during the established <br />business hours of the Licensee, weather conditions permitting. <br />f.Promoting outdoor dining and the City Hit Refresh initiative. <br />g.Not placing or permit any signs or banners in the Parklet area other than those <br />agreed by the City. <br />h.Immediately notify the City of any hazards within Parklet area or customer <br />concerns with the Parklet set-up. <br />i.Licensee claims no right of ownership to the City provided furniture or Parklet <br />infrastructure. <br />5.Right of Entry. Notwithstanding any other provision of this Agreement to the contrary, the City <br />shall at all times have the right to enter the Parklet area to inspect, improve, maintain, alter or utilize <br />the Parklet area in any manner authorized to the City. <br />6.Compliance. If Licensee fails to comply with its obligation under this Agreement, the City may <br />at its sole discretion terminate this Agreement or take other measures as it determines necessary to <br />bring the Parklet area into compliance with the terms hereof. <br />7.Insurance. Licensee agrees to maintain, during the term of this Agreement, Commercial <br />General Liability Insurance. Such insurance shall be issued by an insurer acceptable to the City. A <br />certificate of insurance (“COI”) shall be provided to the City evidencing the coverage. <br />8.Termination by City. Subject to prior written notification to Licensee, this Agreement is <br />terminable by the City if the Licensee fails to comply with the terms and conditions of this Agreement. <br />Upon receipt of a notice of termination, the Licensee shall immediately cease using the Parklet area <br />for food and beverage service and not permit customer access to the Parklet area. <br />9.Assignment. Licensee shall not assign sublet or transfer its interest in this Agreement under <br />any circumstances. <br />10.Notice. Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is <br />deemed received on the day faxed or hand delivered or on the third day after deposit if sent via <br />certified mail. <br />11.Counterparts and Electronic Signatures. This Agreement may be executed in two or more <br />counterparts, each of which shall be deemed an original, but all of which together shall constitute one <br />and the same instrument. The electronically delivered signatures of the Parties shall be deemed to <br />constitute original signatures. <br />12.Venue. This Agreement shall be governed and construed in accordance with the laws of the <br />State of Indiana. All disputes, suits, or claims shall be brought in a court of competent jurisdiction in <br />St. Joseph County, Indiana. <br />[SIGNATURES APPEAR ON THE FOLLOWING PAGE]