Agmt 2013 San Leandro Improvement Association

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12.1 Term and Termination. This Agreement shall become effective on the Effective Date and terminate on December 31, 2028 (the"Term"); unless it is otherwise extended by mutual written agreement of the Parties in compliance with Ordinance Title 2, Chapter 2-20 of the San Leandro Municipal Code, and 12.2 as the same may be amended from time to time. 12.3 Early Termination. Either Party may terminate this Agreement at any time upon giving the other party sixty(60) days written notice. 12.3 Termination for Default. If either Party defaults in the performance of any of the terms and/or provisions to be performed by a Party pursuant to this Agreement, then the non-defaulting Party shall provide written notice to the defaulting Party describing the default and requesting a cure ("Default Notice"). If such default is not cured within thirty(30)days (or if the default is not susceptible to cure within said thirty-day period) after the Default Notice is mailed or delivered, then the non-defaulting Party may terminate this Agreement. To the extent the alleged default concerns or relates to the use or expenditures of District Revenues, SLIA shall hold all unencumbered District Revenues in an escrow account until the default is cured. 13. Inspection of Books and Records. During the Term, and for a period of four(4) years after the Term, or two (2) years after the closure of any disputed matter, whichever occurs later, (the "Audit Period"), SLIA shall maintain financial and operational records related to this Agreement, which include, but are not limited to the Annual Financial Statements, the Annual Reports and Budgets and any audits (the "Books and Records"). At the request of the City, SLIA shall make all Books and Records open to inspection by the City, or its designee during normal business hours. 14. Non-Discrimination in Employment. SLIA certifies and agrees not to discriminate against any employee or person who is subject to this Agreement because of race, color, religion, religious belief, national origin, ancestry, citizenship, age, sex, sexual orientation, marital status, pregnancy, parenthood, medical condition, or physical or mental disability. Evidence of discrimination shall be sufficient cause for termination of this Agreement. 15. Public Liability and Property Damage Insurance. SLIA shall assume all responsibility for damages to property and injuries to persons, including accidental death, which may arise out of or may be caused by SLIA's performance of this Agreement, by its subcontractors or by anyone SLIA directly or indirectly employs, and whether such damage or injury may accrue, or may be discovered, before or after termination of this Agreement. At its own expense, SLIA shall obtain, pay for and maintain during the life of the Agreement an "occurrence" policy for Commercial General Liability(including Contractual Liability) and for Automobile Liability which shall protect it from claims for injuries and damages. The SLIA shall demonstrate that it has such policies fully paid for and in place within 30 days of the transfer of the first installment of assessment funds from the City in December 2013. The policy shall name the "City of San Leandro, its elected and appointed officials, officers, agents and employees" as additional insureds under the policy in the following amounts: -9 -