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(D) As a covenant to this Agreement, Operator agrees to adhere to and comply with all of the <br />terms, conditions and responsibilities enumerated in the Request For Proposals, RFP , issue date <br />, (hereinafter "RFP") attached hereto as Exhibit "" and incorporated herein by reference. Any failure to <br />adhere to and comply with the terms, conditions and responsibilities enumerated in the Request for <br />Proposal, RFP shall be deemed a, breach of this Agreement and of the RFP. <br />(E) The parties hereto agree that if, at the solo discretion of the City, a Carnival Event should <br />not proceed on the dates set forth in Section 3 hereof due to foul or inclement weather, the City at its <br />discretion may grant Operator alternative dates for the conducting of the Carnival Event within the <br />term of this Agreement. If Operator desires to obtain alternative dates as provided in this paragraph, <br />Operator must timely request the same from City. <br />2. SCOPE OF SERVICES <br />Operator shall provide at the Park identified in Section 3 hereof a full service Carnival Event <br />complete with the rides, equipment and services as set forth in the RFP (Exhibit ) to this Agreement. <br />3. FEES/DEPOSITS/PERMITS/LICENSES <br />At least 10 days prior to the commencement date of the Carnival Event as set forth below, <br />Operator shall pay to City the applicable fee for use of the Carnival Area as further set forth below. <br />Operator agrees to pay the City and City agrees to accept from Operator the following fees per <br />Carnival Event. <br />:k/ C isrvel l.qs <br />In addition to the fees set forth herein, Operator shall pay all required City fees and deposits including <br />the fees for police services and Park clean up, and obtain all required permits and licenses as detailed in <br />the RFP, Exhibit hereto. All fees and deposits shall be due and payable as set forth in the RFP. The <br />vendor agrees that failure to pay the cleanup/damage deposit and/or any other outstanding balances and <br />fees a minimum of ten (10) days prior to the start of the event will result in a penalty of $500 per day, <br />The vendor will not be allowed to start an event if there is any wipaid balance due. <br />4. SECURITY DEPOSIT <br />Contemporaneously with the execution of this Agreement, Operator shall deposit with City the <br />additional sum of $5,000.00 as a security deposit. The deposit shall be held by City, without liability <br />for interest, as security for the faithful performance by Operator of all the terms, covenants, and <br />conditions of this Agreement to be kept and performed by Operator during the Term of this Agreement, <br />or any extension thereof, and including the removal of Operator's facilities as set forth herein. <br />Assuming successful completion of all terms and conditions of this Agreement, including those within <br />24 <br />