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STPC ENTERPRISES, EVERGREEN - 2017
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STPC ENTERPRISES, EVERGREEN - 2017
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Last modified
1/2/2018 10:09:21 AM
Creation date
1/2/2018 9:55:27 AM
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Contracts
Company Name
STPC ENTERPRISES, EVERGREEN
Contract #
A-2017-369-12
Agency
PLANNING & BUILDING
Council Approval Date
11/9/2017
Expiration Date
12/31/2020
Destruction Year
2025
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F. Failure by OPERATOR to cooperate with CITY or CITY's authorized agents in any <br />inspection, examination and audit of OPERATOR's adult -use cannabis retail <br />business books and records (including tax filings and returns). <br />G. 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 />H. 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 />13. Termination Without Cause. <br />Upon mutual written agreement of the parties this AGREEMENT may be terminated with <br />thirty (30) days notice. <br />14. 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 adult -use cannabis retail business operation engaged in <br />within the City of Santa Ana prior to termination of this AGREEMENT shall continue to be in <br />effect. Past due penalties and late interest charges shall continue to accrue and be <br />applicable until all operating fees due under this AGREEMENT are paid in full. <br />OPERATOR's liability for any remaining unpaid past due penalties and/or late interest <br />charges shall continue until fully satisfied. <br />15. Remedies. <br />A. It is acknowledged by the parties that CITY would not have entered into this <br />AGREEMENT if it were to be liable in damages under this AGREEMENT, or with <br />respect to this AGREEMENT or the application thereof, except as hereinafter <br />expressly provided. <br />B. Each of the parties hereto may pursue binding arbitration of any dispute, claim or <br />controversy arising out of or relating to this Agreement or the breach, termination, <br />enforcement, interpretation or validity thereof, including the determination of the <br />scope or applicability of this AGREEMENT. Such matter shall be determined by <br />binding arbitration in Orange County California before three (3) arbitrators. The <br />binding arbitration shall be administered by JAMS pursuant to its Comprehensive <br />Arbitration Rules and Procedures pursuant to JAMS' Streamlined Arbitration Rules <br />and Procedures. Judgment on the award may be entered in any court having <br />jurisdiction. This clause shall not preclude parties from seeking provisional remedies <br />to aid arbitration from a court of appropriate jurisdiction. <br />7 <br />
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