04-02-2001 WS - Laserfiche WebLink

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DRAFT Last Updated: 2/8/2001 CARLSK-129390v10 MU125-33 4. The City shall refer all criticisms, complaints, and suggestions called to the City’s attention regarding The Bridges to Hammerschmidt for study and appropriate action, and Hammerschmidt shall review and investigate such matters and inform the City of the result of such review and investigation and of any recommended remedial action. D. Covenant Not To Compete. During the period when Hammerschmidt is receiving any compensation under this Agreement, Hammerschmidt shall not, without the prior written consent of the City in each instance, whether as shareholder, employee, officer, director, partner, sole proprietor, consultant or otherwise, directly or indirectly engage or participate in any corporation, partnership, limited partnership, sole partnership or other entity competitive to or with The Bridges and located in the following cities: Blaine, Circle Pines, Coon Rapids, Fridley, Lexington, New Brighton, North Oaks, Roseville, St. Anthony, Shoreview and Spring Lake Park. Hammerschmidt acknowledges that the City’s remedy at law may not be adequate in the event of any breach or threatened breach of the terms of this paragraph and hereby consents to the equitable jurisdiction of any appropriate court having jurisdiction of the matter for the entry of injunctive or other equitable relief. ARTICLE V: TERMINATION A. If Hammerschmidt fails to perform any of the terms, conditions, or requirements of this Agreement, the City will give Hammerschmidt thirty days written notice of such failure. After receipt of the written notice, Hammerschmidt will have up to thirty days to correct the problem, except that the City may in any case take immediate steps to correct the problem in order to protect the health, safety and welfare of the City and the public prior to the end of the thirty-day period without affecting the City's right to terminate Hammerschmidt. If Hammerschmidt fails to correct the problem within the thirty-day period, the City may terminate the Agreement by giving Hammerschmidt thirty days written notice of such termination. B. If the City fails to perform any of the terms, conditions, or requirements of this Agreement, Hammerschmidt will give the City thirty days written notice of such failure. After receipt of the written notice, the City will have thirty days to correct the problem. If the City fails to correct the problem within that thirty-day period, Hammerschmidt may terminate the Agreement by giving the City thirty days written notice of such termination. C. In addition to and without limitation under Article V.A. and V.B., gross and intentional failure in performance of any of the terms or conditions of this agreement by City or by Hammerschmidt, shall be deemed good cause for termination by the party wronged. In addition, City shall have the right to terminate this agreement on 30 days’ notice to Hammerschmidt if Hammerschmidt violates any federal, state or local law, rule, resolution or ordinance, or conducts himself publicly or privately in any manner which offends against decency or morality or causes him to be held in public ridicule or scorn or causes a public scandal.