Res 1985-012 - Laserfiche WebLink

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-11- C. EXERCISE. Exercise of the rights of termination set forth in Paragraphs A and B, above, shall be by notice to the other party within thirty (3D) days following the event giving rise to the termination. D. REMOVAL OF PROPERTY. Upon expiration of this Agreement for any reason, Lessee, at its sole expense, shall remove from The Premises all signs, tr ad e fixtures, furnishings, personal property, equipment and materials \'lhich Lessee was permitted to install or maintain under the rights granted herein. If Lessee shall fail to do so within thirty (30) days, then City may effect such removal or restoration at Lessee's expense, and Lessee agrees to pay City such expense promptly upon receipt of a proper invoice therefore. E. CAUSES OF BREACH; WAIVER. 1. Neither party shall be held to be in breach of this Agreement because of any failure to perform any of its obligations hereunder if said failure is due to any cause for which it is not responsible and over which it has no control; provided, however, that the foregoing provision shall not apply to failures by Lessee to pay fees, rents or other charges to City. 2. The waiver of any breach, violation or default in or with respect to the performance or observation of the convenants and conditions contained herein shall not be taken to constitute a waiver of any such subsequent breach, violation or default in or with respect to the same or any other covenant or condition hereof. ARTICLE XIV ARBITRATION Except as provided by Article V, Paragraph G, any controversy, dispute or claim arising out of or relating to this Agreement shall be brought before the Airport Commission pursuant to the San Marcos Code of Ordinances. Section 31.5 "Appeal Hearing Board". Pending final decision of the City Council, the parties involved shall proceed diligently with the performance of their obligations under this Agreement. Nothing contained herein shall be construed as limiting