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At such time as the State of California requires adult -use cannabis retail business <br />facilities and businesses to hold a valid license or permit issued by the State of <br />California, it also holds such license or permit; unless, however, such permit or <br />license is subsequently not required by the State of California for the type of <br />commercial cannabis facility or business operation that is the subject of this <br />AGREEMENT. <br />C. OPERATOR remains in compliance with any and all other laws and regulations <br />pertaining to commercial cannabis businesses including adult -use cannabis retail <br />businesses. <br />10. OPERATOR Indemnification of City. <br />A. OPERATOR will indemnify CITY from any claims, damages, injuries, or liabilities of <br />any kind whatsoever sustained or incurred by CITY resulting from entering into this <br />AGREEMENT, and OPERATOR's performance and/or breach of this AGREEMENT. <br />B. OPERATOR agrees to defend, at its sole expense, any action against CITY, its <br />agents, officers, and employees related to this AGREEMENT. OPERATOR agrees <br />to indemnify and reimburse CITY for any court costs and attorney fees that CITY <br />may be required to pay as a result of any legal challenge related to this <br />AGREEMENT and/or CITY's approval of a Regulatory Safety Permit. CITY may, at <br />its sole discretion, participate at its own expense in the defense of any such action, <br />but such participation shall not relieve the OPERATOR of its obligation hereunder. <br />11. OPERATOR Compliance with Laws. <br />OPERATOR agrees to comply with the City of Santa Ana Charter and Municipal Code, <br />including but not limited to Chapters 18, 21 and 40, and the laws and regulations of the <br />State of California. <br />12. Default and Termination for Cause. <br />This AGREEMENT may be terminated by CITY for cause with thirty (30) days' written <br />notice to OPERATOR. Cause as used in this section, is defined as: <br />A. Failure to comply with the terms of the City of Santa Ana Adult -Use Cannabis Retail <br />Business Regulatory Safety Permit issued to OPERATOR by CITY; <br />B. Failure of OPERATOR to maintain a valid active City of Santa Ana Business License <br />as an Adult -Use Cannabis Retail Business (Adult -Use Cannabis Retailer); <br />C. Unauthorized transfer by OPERATOR of the City of Santa Ana Adult -Use Cannabis <br />Retail Business Regulatory Safety Permit issued by CITY; <br />D. Failure by OPERATOR to accurately report gross receipts information or other data <br />necessary for CITY to calculate/confirm operating agreement fees; <br />E. 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 />M <br />