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DOCSOPEN\RS160\1\861069.v4-3/10/23 5 d. The City and Burro Loco will work together to establish a system that allows Burro Loco to see room availability, but all final booking must be made through the Cedarholm Recreation Supervisor. SECTION 7- TERM, TERMINATION, DEFAULT 1. This Agreement is effective April 1, 2023 through December 31, 2026. This Agreement may be extended for an additional two-year period upon mutual written agreement of the Parties. If the Agreement is not extended, Burro Loco will remain responsible for providing services to rentals booked at Cedarholm for which they had committed to at the time of the Agreement expiration, but which events take place after the Agreement expiration. At the discretion of City staff, Burro Loco will remain responsible for providing service to the rentals booked at the City facilities for which they had committed at the time of the written notification of termination. 2. Any events that were booked prior to the date of this Agreement, even if such event occurs after the date of this Agreement, is outside the scope of this Agreement unless the parties agree otherwise. 3. If Burro Loco fails to perform cleaning, maintenance, or repair services in accordance with this Agreement, the City shall provide written notice that details the deficiencies to Burro Loco. If Burro Loco fails to respond or otherwise cure the deficiencies within 10 days of the written notice, the City may, but is not obligated to, cure the stated deficiencies. The City will send an invoice to Burro Loco for all costs associated with curing any noticed deficiencies. In the event that a deficiency presents a hazard to the health, safety, and/or wellbeing of Cedarholm guests, Burro Loco staff, or City Staff, the City retains the right to cure the deficiency immediately without notice. 4. If Burro Loco fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, this shall constitute default. Default shall also occur immediately upon the filing of any petition in Bankruptcy, assignment for the benefit of creditors, or imposition of receivership upon Burro Loco. 5. The City may terminate this Agreement at any time for any reason provided that it gives at least thirty (30) days’ written notice of termination or longer as the City determines in its sole discretion. Prior to the date of termination, Burro Loco will continue to provide Services under this Agreement and make Rent Payments and Net Sales Payments as required by this Agreement. Burro Loco may terminate this agreement for breach of this Agreement after providing the city notice of breach and a reasonable opportunity to cure but in no event shall such opportunity be shorter than thirty (30) days’. If the City fails to cure within thirty (30) days, Burro Loco must provide notice of termination which will be effective no less than 180 days from issuance of the notice. Prior to the date of termination, Burro Loco will continue to perform the Services and make Rent Payments and Net Sales Payments as required by this Agreement. SECTION 8 – INDEMNITY Burro Loco agrees to defend, indemnify and hold the City, and its mayor, councilmembers, officers, agents, employees, and representatives harmless from and against all liability, claims, damages, costs, judgments, losses and expenses, including but not limited to reasonable attorney’s fees, arising out of or resulting from any negligent or wrongful act or omission of buro Attachment D