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<br /> <br /> <br /> 6. Termination. If either party fails to perform its obligations under this <br />Agreement, the other party may terminate this Agreement by giving written notice of the <br />intention to terminate to the other party at least thirty (30) days prior to such termination, <br />provided, however, that if the Corporation’s failure to perform its obligations hereunder <br />creates or constitutes, in the sole judgment of the City, a threat to the public health, safety, or <br />welfare, the City may immediately terminate this Agreement. <br /> <br /> 7. General Terms and Conditions. <br /> <br />a. The Corporation will provide all equipment used by the Corporation, except the <br />City equipment as set forth in Exhibit B which is incorporated herein by reference. <br /> <br />b. Corporation will control its own schedule of work hours as necessary to <br />sponsor and coordinate the Festival. <br /> <br />c. Any and all reports, and other work products, whether completed or not, that <br />are prepared or developed by the Corporation as a part of this Agreement shall be <br />jointly owned by the City and the Corporation and shall be made available to the City <br />promptly at the City's request or at the termination of this Agreement. The <br />Corporation shall provide annual financial reports including all revenues and <br />expenditures related to the Festival for the past three years prior to execution of this <br />Agreement and a financial report including all revenues and expenditures related to <br />the Festival for the present year within thirty days of the date of the Festival. <br /> <br />d. Any titles of the several parts of the Agreement are inserted for convenience <br />of reference only and shall be disregarded in construing or interpreting any of its <br />provisions. <br /> <br />e. A notice, demand, or other communication under this Agreement by either <br />party to the other shall be sufficiently given or delivered if it is dispatched by registered <br />or certified mail, postage prepaid, return receipt requested, or delivered personally to <br />the following addresses: <br /> <br /> City: 2401 Highway 10 <br /> Mounds View, MN 55112 <br /> ATTN: Clerk-Administrator <br /> <br /> Corporation: 8120 Red Oak Court <br />Mounds View, MN 55112-5843 <br />ATTN: Sherry Gunn <br /> <br />or at such other address with respect to either such party as that party may, <br />from time to time, designate in writing and forward to the other as provided in <br />this Section. <br /> <br />f. This Agreement may be executed in any number of counterparts, <br />each of which shall constitute one and the same instrument.