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FAIRFAX ENTERPRISE, INC. DBA HERBAN KULTURE
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FAIRFAX ENTERPRISE, INC. DBA HERBAN KULTURE
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5/6/2021 4:48:49 PM
Creation date
5/6/2021 4:46:51 PM
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Contracts
Company Name
FAIRFAX ENTERPRISE, INC. DBA HERBAN KULTURE
Contract #
A-2017-369-44
Agency
Planning & Building
Council Approval Date
11/21/2017
Expiration Date
12/31/2022
Insurance Exp Date
1/1/1900
Destruction Year
2027
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DocuSign Envelope ID: 349A8l C7-C399-4E2D-98F6-9DAB84DC9AD7 <br />B. Failure of OPERATOR to maintain a valid active City of Santa Ana Business License <br />as the commercial cannabis business approved by the Regulatory Safety Permit and <br />as operating; <br />C. Failure of OPERATOR to comply with the requirements of the Community Benefits <br />and Sustainable Business Practices Plan; <br />D. Unauthorized transfer by OPERATOR of the City of Santa Ana cannabis business <br />Regulatory Safety Permit issued by CITY; <br />E. Failure by OPERATOR to accurately report gross receipts information or other data <br />necessary for CITY to calculate/confirm operating agreement fees; <br />F. Failure by OPERATOR to pay operating agreement fees and related reimbursement <br />costs within thirty (30) days of the date those fees are due; <br />G. Failure by OPERATOR to cooperate with CITY or CITY's authorized agents in any <br />inspection, examination and audit of OPERATOR's commercial cannabis business <br />books and records (including tax filings and returns). <br />H. OPERATOR shall cure the default resulting from the cause for termination within <br />thirty (30) days of the date of the notice of termination. If OPERATOR fails to cure <br />the default within thirty (30) days of the date of the notice of termination for cause, <br />this AGREEMENT will be terminated. <br />I. This AGREEMENT will automatically terminate if: <br />i. OPERATOR's Regulatory Safety Permit is revoked by CITY or is not renewed by <br />CITY, or <br />ii. OPERATOR transfers its Regulatory Safety Permit pursuant to Santa Ana <br />Municipal Code section 40-12. <br />9. Termination Without Cause. <br />Upon mutual written agreement of the Parties, this AGREEMENT may be terminated <br />with thirty (30) days' notice. <br />10. Termination - Effect on Prior Obligations. <br />Upon any termination of this AGREEMENT, OPERATOR's obligation to report and remit <br />operating agreement fees due and payable under the terms of this AGREEMENT for each <br />month or fraction of a month of a cannabis business operation engaged in within the City of <br />Santa Ana prior to termination of this AGREEMENT shall continue to be in effect. Past due <br />penalties and late interest charges shall continue to accrue and be applicable until all <br />operating fees due under this AGREEMENT are paid in full. OPERATOR's liability for any <br />remaining unpaid past due penalties and/or late interest charges shall continue until fully <br />satisfied. <br />4 <br />
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