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5 <br /> 2. 10 Agreement Compliance Management <br /> Concessionaire and a City representative shall meet no less often than monthly, and at such other <br /> times as the City may request, to review compliance with this Agreement. Items to be covered <br /> shall include,but not be limited to: (a)Royalties(gross revenues, collection and payment); (b) <br /> reports; (c) insurance; (d) Concession Location maintenance and appearance; (e) operating <br /> hours; and (e)prices. <br /> 3. ROYALTY PAYMENTS AND REPORTS <br /> 3.1 Concessionaire will pay a Royalty each month as described in 2.8 Royalty to City and <br /> EXHIBIT D—Royalty Schedule. Concessionaire will pay City the Royalty on or before the tenth <br /> day of the month that follows the month in which the Royalty was earned. Concessionaire shall <br /> make all Royalty checks payable to "The City of Everett," and shall deliver the monthly <br /> payments to the City Parks and Recreation Department, accompanied by a written report for the <br /> preceding month, showing the Royalty due and the dollar amount of sales (i)by product line, and <br /> (ii) from each sales location. The report will also contain a summary showing all monthly and <br /> year-to-date sales by Concessionaire for each Location. <br /> 3.2 Payments not received by the fourteenth (14th) day of each month shall be deemed late. <br /> For each late payment, Concessionaire shall pay the City a sum equal to fifteen dollars($15)plus <br /> one dollar($1) for each day the payment is late after the fourteenth (14th) day. <br /> 3.3 Concessionaire will keep accurate records of its sales and will make these records <br /> available to City upon request during the Term of the Agreement and for up to four years after <br /> the expiration of the Term. Concessionaire shall permit authorized representatives of City to <br /> accompany Concessionaire's employees during cash collection and counting and to randomly <br /> examine the receipts of Concessionaire. <br /> 4. TERM <br /> This Agreement begins on _, 2005, and ends on ,_, 200 unless terminated <br /> sooner. The City may extend the Term of this Agreement to December 31 of the next year by <br /> notifying the Concessionaire in writing within thirty days of the end of the original Term. <br /> 5. TERMINATION <br /> 5.1 With Cause <br /> 5.1.1 Either party may terminate this Agreement for the other party's breach of an uncured <br /> material breach if the non-breaching party has given the breaching party written notice of the <br /> breach and a commercially reasonable period of time to cure the breach. <br /> 5.1.2 Notwithstanding paragraph 5.1.1, the City may terminate this Agreement immediately <br /> because of public safety or health concerns. <br /> Page 4 <br /> 9 <br />