Laserfiche WebLink
or fraudulent act or omission by Operator or any of Operator's employees, <br /> independent contractors or agents, in connection with Operator's operation of the <br /> Food Service. <br /> 10. SUBCONTRACTING. Operator agrees that it will not subcontract the Food <br /> Service, or any part thereof, and will not assign this Agreement or any interest <br /> therein. Operator agrees that the Food Service at the Premises will be operated by <br /> Operator and Operator only, or by day or shift managers who are employed by, and <br /> under the direction of, Operator, and that Operator will not contract with anyone <br /> else for the operation or management of said Food Service. <br /> 11. TAKING FOR PUBLIC USE. Operator agrees that if the Premises, or any part <br /> thereof, or any part of the improvements of which they form a part, shall be taken <br /> for any street or public use, or shall during the continuance of this Agreement be <br /> destroyed by the action of the public authorities, then this Agreement shall <br /> thereupon terminate. Owner shall be entitled to the full amount of any award or <br /> payment for the taking of the real estate. Operator shall be entitled only to separate <br /> payments, if any, made for the loss of good will relating to Operator's Food Service <br /> operation, Operator's trade fixtures and payments made under applicable relocation <br /> regulations; provided that Operator shall in no event be entitled to any part of the <br /> award for the taking of the real estate. <br /> 12. COMPETITION. Neither Operator nor any person, partnership, corporation <br /> or other entity under the control of Operator or under common control with <br /> Operator will own, operate or manage a Food Service within a one-mile radius of <br /> the Premises during the term of this Agreement. <br /> 13. NOTICES. All notices or demands given hereunder shall be in writing,, and if <br /> not personally delivered shall be sent by registered or certified mail, return receipt <br /> requested, postage prepaid, addressed as follows: <br /> If to Operator: <br /> 1885 Newberry Avenue North <br /> Stillwater, Minnesota 55082 <br /> If to Owner: <br /> City Manager <br /> City of St. Anthony <br /> 3301 Silver Lake Road <br /> St. Anthony, MN 55418 <br /> -12- <br />