08-22-11 Regular Meeting of La Porte City Council

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SECTION X. The City reserves the right to audit, utilizing its staff or outside assistance, the annual financial activity of the Chamber that relates to the use of funds from City's Hotel Occupancy Tax. It is understood and agreed by City and Chamber that Hotel Occupancy Tax funds may be spent by Chamber for day --to-day operations including supplies, salaries, office rental, travel expenses, and other administrative costs, if same have been previously approved in the budget and if directly related to the promotion of tourism. The position of the total administrative costs for Nvhich Hotel Occupancy Tax revenues are expended may not exceed the actual administrative costs for these activities. SECTION XT. It is understood and agreed that Chamber shall not in any sense be considered a partner or joint ventures with City, nor shall Chamber be considered nor in any manner hold itself out as an agent or official representative of City. Chamber shall be considered an independent contractor for the purposes of this agreement and shall in no manner incur any expenses or liability on behalf of City. SECTION XII. Chamber does further agree to hold City harmless from any and all claims by third parties for any injuries, damage or liability occasioned by Chamber in connection with this agreement. SECTION XIII. It is understood and agreed that this contract shall be terminated upon occurrence of any of the following events: a. The giving of 30 days advance written notice of termination by either party to the other party, if received by the non- ternninating party at least ninety (90) days prior to the date of conclusion of this contact at the end of either the initial term or the two (2) year renewal term; b. The termination of the corporate existence of Chamber; c. The insolvency of Chamber, the filing of a petition in banktuptcy, either by or against Chamber, or an assignment by Chamber for the benefit of creditors; d. The breach by Chamber of any of the te trns and conditions of this agreement and the continuation of such breach for a period of ten (10) days after written notice is given by City to Chamber of such breach;