Common use of BERKELEY EQUAL BENEFITS ORDINANCE (EBO) Clause in Contracts

BERKELEY EQUAL BENEFITS ORDINANCE (EBO). X. Xxxxxx hereby agrees to comply with the provisions of the Berkeley Equal Benefits Ordinance, B.M.C. Chapter 13.29. If Tenant is currently subject to the Berkeley Equal Benefits Ordinance, Tenant will be required to provide all eligible employees with City mandated equal benefits during the term of this lease, as defined in B.M.C. Chapter 13.29, as well as comply with the terms enumerated herein. B. If Tenant is currently or becomes subject to the Berkeley Equal Benefits Ordinance, Xxxxxx agrees to supply the City with any records the City deems necessary to determine compliance with this provision. Failure to do so shall be a considered a default, subject to the provisions of Paragraph 17 of this lease. C. If Tenant fails to comply with the requirements of this Section, City shall have the rights and remedies described in this Section, in addition to any rights and remedies provided by law or equity. Tenant’s failure to comply with this Paragraph shall constitute default of the lease, upon which City may terminate this lease pursuant to Paragraph 18. In addition, at City’s sole discretion, Tenant may be responsible for liquidated damages in the amount of $50.00 per employee per day for each and every instance of violation of this Section. It is mutually understood and agreed that Xxxxxx’s failure to provide its employees with equal benefits will result in damages being sustained by City; that the nature and amount of these damages will be extremely difficult and impractical to fix; that the liquidated damages set forth herein is the nearest and most exact measure of damages for such breach that can be fixed at this time; and that the liquidated damage amount is not intended as a penalty or forfeiture for Tenant’s breach.

BERKELEY EQUAL BENEFITS ORDINANCE (EBO). X. Xxxxxx A. Tenant hereby agrees to comply with the provisions of the Berkeley Equal Benefits Ordinance, B.M.C. Chapter 13.29. If Tenant is currently subject to the Berkeley Equal Benefits Ordinance, Tenant will be required to provide all eligible employees with City mandated equal benefits during the term of this lease, as defined in B.M.C. Chapter 13.29, as well as comply with the terms enumerated herein. B. If Tenant is currently or becomes subject to the Berkeley Equal Benefits Ordinance, Xxxxxx Tenant agrees to supply the City with any records the City deems necessary to determine compliance with this provision. Failure to do so shall be a considered a default, subject to the provisions of Paragraph 17 of this lease. C. If Tenant fails to comply with the requirements of this Section, City shall have the rights and remedies described in this Section, in addition to any rights and remedies provided by law or equity. Tenant’s failure to comply with this Paragraph shall constitute default of the lease, upon which City may terminate this lease pursuant to Paragraph 18. In addition, at City’s sole discretion, Tenant may be responsible for liquidated damages in the amount of $50.00 per employee per day for each and every instance of violation of this Section. It is mutually understood and agreed that XxxxxxTenant’s failure to provide its employees with equal benefits will result in damages being sustained by City; that the nature and amount of these damages will be extremely difficult and impractical to fix; that the liquidated damages set forth herein is the nearest and most exact measure of damages for such breach that can be fixed at this time; and that the liquidated damage amount is not intended as a penalty or forfeiture for Tenant’s breach.

BERKELEY EQUAL BENEFITS ORDINANCE (EBO). X. Xxxxxx hereby agrees to comply with the provisions of the Berkeley Equal Benefits Ordinance, B.M.C. Chapter 13.29. If Tenant is currently subject to the Berkeley Equal Benefits Ordinance, Tenant will be required to provide all eligible employees with City mandated equal benefits during the term of this ofthis lease, as defined in B.M.C. Chapter 13.29, as well as comply with the terms enumerated herein. B. If Tenant is currently or becomes subject to the Berkeley Equal Benefits Ordinance, Xxxxxx agrees to supply the City with any records the City deems necessary to determine compliance with this provision. Failure to do so shall be a considered a default, subject to the provisions of Paragraph 17 of this lease. C. If Tenant fails to comply with the requirements of this Section, City shall have the rights and remedies described in this Section, in addition to any rights and remedies provided by law or equity. Tenant’s 's failure to comply with this Paragraph shall constitute default of the lease, upon which City may terminate this lease pursuant to Paragraph 18. In addition, at City’s 's sole discretion, Tenant may be responsible for liquidated damages in the amount of $50.00 per employee per day for each and every instance of violation of this Section. It is mutually understood and agreed that Xxxxxx’s 's failure to provide its employees with equal benefits will result in damages being sustained by City; that the nature and amount of these damages will be extremely difficult and impractical to fix; that the liquidated damages set forth herein is the nearest and most exact measure of damages for such breach that can be fixed at this time; and that the liquidated damage damag·e amount is not intended as a penalty or forfeiture for Tenant’s 's breach.

BERKELEY EQUAL BENEFITS ORDINANCE (EBO). X. Xxxxxx hereby agrees to comply with the provisions of the Berkeley Equal Benefits Ordinance, B.M.C. Chapter 13.29. If Tenant is currently subject to the Berkeley Equal Benefits Ordinance, Tenant will be required to provide all eligible employees with City mandated equal benefits during the term of this lease, as defined in B.M.C. Chapter 13.29, as well as comply with the terms enumerated herein. B. If Tenant is currently or becomes subject to the Berkeley Equal Benefits Ordinance, Xxxxxx agrees to supply the City with any records the City deems necessary to determine compliance with this provision. Failure to do so shall be a considered a default, subject to the provisions of Paragraph 17 Section 19 of this lease. C. If Tenant fails to comply with the requirements of this Section, City shall have the rights and remedies described in this Section, in addition to any rights and remedies provided by law or equity. Tenant’s failure to comply with this Paragraph Section shall constitute default of the lease, upon which City may terminate this lease pursuant to Paragraph 18Section 20. In addition, at City’s sole discretion, Tenant may be responsible for liquidated damages in the amount of $50.00 per employee per day for each and every instance of violation of this Section. It is mutually understood and agreed that Xxxxxx’s failure to provide its employees with equal benefits will result in damages being sustained by City; that the nature and amount of these damages will be extremely difficult and impractical to fix; that the liquidated damages set forth herein is the nearest and most exact measure of damages for such breach that can be fixed at this time; and that the liquidated damage amount is not intended as a penalty or forfeiture for Tenant’s breach.

BERKELEY EQUAL BENEFITS ORDINANCE (EBO). X. Xxxxxx A. Tenant hereby agrees to comply with the provisions of the Berkeley Equal Benefits Ordinance, B.M.C. Chapter 13.29. If Tenant is currently subject to the Berkeley Equal Benefits Ordinance, Tenant will be required to provide all eligible employees with City mandated equal benefits during the term of this lease, as defined in B.M.C. Chapter 13.29, as well as comply with the terms enumerated herein. B. If Tenant is currently or becomes subject to the Berkeley Equal Benefits Ordinance, Xxxxxx agrees to supply the City with any records the City deems necessary to determine compliance with this provision. Failure to do so shall be a considered a default, subject to the provisions of Paragraph 17 Section 19 of this lease. C. If Tenant fails to comply with the requirements of this Section, City shall have the rights and remedies described in this Section, in addition to any rights and remedies provided by law or equity. Tenant’s failure to comply with this Paragraph section shall constitute default of the lease, upon which City may terminate this lease pursuant to Paragraph 18Section 20. In addition, at City’s sole discretion, Tenant may be responsible for liquidated damages in the amount of $50.00 per employee per day for each and every instance of violation of this Section. It is mutually understood and agreed that Xxxxxx’s failure to provide its employees with equal benefits will result in damages being sustained by City; that the nature and amount of these damages will be extremely difficult and impractical to fix; that the liquidated damages set forth herein is the nearest and most exact measure of damages for such breach that can be fixed at this time; and that the liquidated damage amount is not intended as a penalty or forfeiture for Tenant’s breach.

BERKELEY EQUAL BENEFITS ORDINANCE (EBO). X. Xxxxxx A. Tenant hereby agrees to comply with the provisions of the Berkeley Equal Benefits Ordinance, B.M.C. Chapter 13.29. If Tenant is currently subject to the Berkeley Equal Benefits Ordinance, Tenant will be required to provide all eligible employees with City mandated equal benefits during the term of this lease, as defined in B.M.C. Chapter 13.29, as well as comply with the terms enumerated herein. B. If Tenant is currently or becomes subject to the Berkeley Equal Benefits Ordinance, Xxxxxx Tenant agrees to supply the City with any records the City deems necessary to determine compliance with this provision. Failure to do so shall be a considered a default, subject to the provisions of Paragraph 17 19 of this lease. C. If Tenant fails to comply with the requirements of this Section, City shall have the rights and remedies described in this Section, in addition to any rights and remedies provided by law or equity. Tenant’s failure to comply with this Paragraph shall constitute default of the lease, upon which City may terminate this lease pursuant to Paragraph 1820. In addition, at City’s sole discretion, Tenant may be responsible for liquidated damages in the amount of $50.00 per employee per day for each and every instance of violation of this Section. It is mutually understood and agreed that XxxxxxTenant’s failure to provide its employees with equal benefits will result in damages being sustained by City; that the nature and amount of these damages will be extremely difficult and impractical to fix; that the liquidated damages set forth herein is the nearest and most exact measure of damages for such breach that can be fixed at this time; and that the liquidated damage amount is not intended as a penalty or forfeiture for Tenant’s breach.

BERKELEY EQUAL BENEFITS ORDINANCE (EBO). X. Xxxxxx A. Tenant hereby agrees to comply with the provisions of the Berkeley Equal Benefits Ordinance, B.M.C. Chapter 13.29. If Tenant is currently or becomes subject to the Berkeley Equal Benefits Ordinance, Tenant will be required to provide all eligible employees with City mandated equal benefits during the term of this leaseGround Lease Term, as defined in B.M.C. Chapter 13.29, as well as comply with the terms enumerated herein. B. If Tenant is currently or becomes subject to the Berkeley Equal Benefits Ordinance, Xxxxxx Tenant agrees to supply the City with any records the City deems necessary to determine compliance with this provision. Failure to do so shall be a considered a default, subject to the provisions of Paragraph 17 of this leaseARTICLE 14 above. C. If Tenant fails to comply with the requirements of this Section, City shall have the rights and remedies described in this Section, in addition to any rights and remedies provided by law or equity. Tenant’s failure to comply with this Paragraph Section shall constitute default of the leaseGround Lease, upon which City may terminate this lease Ground Lease pursuant to Paragraph 18. ARTICLE 14 above. D. In addition, at City’s sole discretion, Tenant may be responsible for liquidated damages in the amount of $50.00 per employee per day for each and every instance of violation of this Section. It is mutually understood and agreed that XxxxxxTenant’s failure to provide its employees with equal benefits will result in damages being sustained by City; that the nature and amount of these damages will be extremely difficult and impractical to fix; that the liquidated damages set forth herein is the nearest and most exact measure of damages for such breach that can be fixed at this time; and that the liquidated damage amount is not intended as a penalty or forfeiture for Tenant’s breach.

BERKELEY EQUAL BENEFITS ORDINANCE (EBO). X. Xxxxxx A. Tenant hereby agrees to comply with the provisions of the Berkeley Equal Benefits Ordinance, B.M.C. Chapter 13.29. If Tenant is currently subject to the Berkeley Equal Benefits Ordinance, Tenant will be required to provide all eligible employees with City mandated equal benefits during the term of this lease, as defined in B.M.C. Chapter 13.29, as well as comply with the terms enumerated herein. B. If Tenant is currently or becomes subject to the Berkeley Equal Benefits Ordinance, Xxxxxx agrees to supply the City with any records the City deems necessary to determine compliance with this provision. Failure to do so shall be a considered a default, subject to the provisions of Paragraph 17 Section 19 of this lease. C. If Tenant fails to comply with the requirements of this Section, City shall have the rights and remedies described in this Section, in addition to any rights and remedies provided by law or equity. Tenant’s failure to comply with this Paragraph section shall constitute default of the lease, upon which City may terminate this lease pursuant to Paragraph 18Section 20. In addition, at City’s sole discretion, Tenant may be responsible for liquidated damages in the amount of $50.00 per employee per day for each and every instance of violation of this Section. It is mutually understood and agreed that XxxxxxTenant’s failure to provide its employees with equal benefits will result in damages being sustained by City; that the nature and amount of these damages will be extremely difficult and impractical to fix; that the liquidated damages set forth herein is the nearest and most exact measure of damages for such breach that can be fixed at this time; and that the liquidated damage amount is not intended as a penalty or forfeiture for Tenant’s breach.

BERKELEY EQUAL BENEFITS ORDINANCE (EBO). X. Xxxxxx hereby agrees to comply with the provisions of the Berkeley Equal Benefits Ordinance, B.M.C. Chapter 13.29. If Tenant is currently subject to the Berkeley Equal Benefits Ordinance, Tenant will be required to provide all eligible employees with City mandated equal benefits during the term of this lease, as defined in B.M.C. Chapter 13.29, as well as comply with the terms enumerated herein. B. If Tenant is currently or becomes subject to the Berkeley Equal Benefits Ordinance, Xxxxxx agrees to supply the City with any records the City deems necessary to determine compliance with this provision. Failure to do so shall be a considered a default, subject to the provisions of Paragraph Section 17 of this lease. C. If Tenant fails to comply with the requirements of this Section, City shall have the rights and remedies described in this Section, in addition to any rights and remedies provided by law or equity. Tenant’s failure to comply with this Paragraph Section shall constitute default of the lease, upon which City may terminate this lease pursuant to Paragraph 18. In addition, at City’s sole discretion, Tenant may be responsible for liquidated damages in the amount of $50.00 per employee per day for each and every instance of violation of this Section. It is mutually understood and agreed that Xxxxxx’s failure to provide its employees with equal benefits will result in damages being sustained by City; that the nature and amount of these damages will be extremely difficult and impractical to fix; that the liquidated damages set forth herein is the nearest and most exact measure of damages for such breach that can be fixed at this time; and that the liquidated damage amount is not intended as a penalty or forfeiture for Tenant’s breach.

BERKELEY EQUAL BENEFITS ORDINANCE (EBO). X. Xxxxxx 23.1 Tenant hereby agrees to comply with the provisions of the Berkeley Equal Benefits Ordinance, B.M.C. Chapter 13.29. If Tenant is currently subject to the Berkeley Equal Benefits Ordinance, Tenant will be required to provide all eligible employees with City mandated equal benefits during the term of this leaseLicense, as defined in B.M.C. Chapter 13.29, as well as comply with the terms enumerated herein. B. 23.2 If Tenant is currently or becomes subject to the Berkeley Equal Benefits Ordinance, Xxxxxx agrees to supply the City with any records the City deems necessary to determine compliance with this provision. Failure to do so shall be a considered a default, subject to the provisions of Paragraph 17 of this lease. C. 23.3 If Tenant fails to comply with the requirements of this Section, City shall have the rights and remedies described in this Section, in addition to any rights and remedies provided by law or and equity. Tenant’s failure to comply with this Paragraph shall constitute default of the lease, upon which City may terminate this lease pursuant to Paragraph 18. Lease. 23.4 In addition, at City’s sole discretion, Tenant may be responsible for liquidated damages in the amount of $50.00 per employee per day for each and every instance of violation of this Section. It is mutually understood and agreed that Xxxxxx’s failure to provide its employees with equal benefits will result in damages being sustained by City; that the nature and amount of these damages will be extremely difficult and impractical to fix; that the liquidated damages set forth herein is the nearest and most exact measure of damages for such breach that can be fixed at this time; and that the liquidated damage amount is not intended as a penalty or forfeiture for Tenant’s breach.

BERKELEY EQUAL BENEFITS ORDINANCE (EBO). X. Xxxxxx 20.1 Lessee hereby agrees to comply with the provisions of the Berkeley Equal Benefits Ordinance, B.M.C. Chapter 13.29. If Tenant Lessee is currently subject to the Berkeley Equal Benefits Ordinance, Tenant Lessee will be required to provide all eligible employees with City mandated equal benefits during the term of this leaseAgreement, as defined in B.M.C. Chapter 13.29, as well as comply with the terms enumerated herein. B. 20.2 If Tenant Lessee is currently or becomes subject to the Berkeley Equal Benefits Ordinance, Xxxxxx Lessee agrees to supply the City with any records the City deems necessary to determine compliance with this provision. Failure to do so shall be a considered a default, subject to the provisions of Paragraph 17 of this leaseAgreement. C. 20.3 If Tenant Lessee fails to comply with the requirements of this Section, City shall have the rights and remedies described in this Section, in addition to any rights and remedies provided by law or equity. Tenant. 20.4 Lessee’s failure to comply with this Paragraph shall constitute default of the leaseAgreement, upon which which, subject to all applicable notice and cure periods, City may terminate this lease pursuant to Paragraph 18. Agreement in accordance with Article 9. 20.5 In addition, at City’s sole discretion, Tenant Lessee may be responsible for liquidated damages in the amount of $50.00 per employee per day for each and every instance of violation of this Section. It is mutually understood and agreed that XxxxxxLessee’s failure to provide its employees with equal benefits will result in damages being sustained by City; that the nature and amount of these damages will be extremely difficult and impractical to fix; that the liquidated damages set forth herein is the nearest and most exact measure of damages for such breach that can be fixed at this time; and that the liquidated damage amount is not intended as a penalty or forfeiture for TenantLessee’s breach.

BERKELEY EQUAL BENEFITS ORDINANCE (EBO). X. Xxxxxx A. Tenant hereby agrees to comply with the provisions of the Berkeley Equal Benefits Ordinance, B.M.C. Chapter 13.29. If Tenant is currently subject to the Berkeley Equal Benefits Ordinance, Tenant will be required to provide all eligible employees with City mandated equal benefits during the term of this lease, as defined in B.M.C. Chapter 13.29, as well as comply with the terms enumerated herein. B. If Tenant is currently or becomes subject to the Berkeley Equal Benefits Ordinance, Xxxxxx Tenant agrees to supply the City with any records the City deems necessary to determine compliance with this provision. Failure to do so shall be a considered a default, subject to the provisions of Paragraph 17 paragraph 19 of this lease. C. If Tenant fails to comply with the requirements of this Section, City shall have the rights and remedies described in this Section, in addition to any rights and remedies provided by law or equity. Tenant’s failure to comply with this Paragraph paragraph shall constitute default of the lease, upon which City may terminate this lease pursuant to Paragraph 18paragraph 19. In addition, at City’s sole discretion, Tenant may be responsible for liquidated damages in the amount of $50.00 per employee per day for each and every instance of violation of this Section. It is mutually understood and agreed that XxxxxxTenant’s failure to provide its employees with equal benefits will result in damages being sustained by City; that the nature and amount of these damages will be extremely difficult and impractical to fix; that the liquidated damages set forth herein is the nearest and most exact measure of damages for such breach that can be fixed at this time; and that the liquidated damage amount is not intended as a penalty or forfeiture for Tenant’s breach.

BERKELEY EQUAL BENEFITS ORDINANCE (EBO). X. Xxxxxx hereby agrees to comply with the provisions of the Berkeley Equal Benefits Ordinance, B.M.C. Chapter 13.29. If Tenant is currently subject to the Berkeley Equal Benefits Ordinance, Tenant will be required to provide all eligible employees with City mandated equal benefits during the term of this lease, as defined in B.M.C. Chapter 13.29, as well as comply with the terms enumerated herein. B. If Tenant is currently or becomes subject to the Berkeley Equal Benefits Ordinance, Xxxxxx agrees to supply the City with any records the City deems necessary to determine compliance with this provision. Failure to do so shall be a considered a default, subject to the provisions of Paragraph 17 paragraph 19 of this lease. C. If Tenant fails to comply with the requirements of this Section, City shall have the rights and remedies described in this Section, in addition to any rights and remedies provided by law or equity. Tenant’s failure to comply with this Paragraph paragraph shall constitute default of the lease, upon which City may terminate this lease pursuant to Paragraph 18paragraph 19. In addition, at City’s sole discretion, Tenant may be responsible for liquidated damages in the amount of $50.00 per employee per day for each and every instance of violation of this Section. It is mutually understood and agreed that Xxxxxx’s failure to provide its employees with equal benefits will result in damages being sustained by City; that the nature and amount of these damages will be extremely difficult and impractical to fix; that the liquidated damages set forth herein is the nearest and most exact measure of damages for such breach that can be fixed at this time; and that the liquidated damage amount is not intended as a penalty or forfeiture for Tenant’s breach.

BERKELEY EQUAL BENEFITS ORDINANCE (EBO). X. Xxxxxx A. Tenant hereby agrees to comply with the provisions of the Berkeley Equal Benefits Ordinance, B.M.C. Chapter 13.29. If Tenant is currently or becomes subject to the Berkeley Equal Benefits Ordinance, Tenant will be required to provide all eligible employees with City mandated equal benefits during the term Term of this leaseGround Lease, as defined in B.M.C. Chapter 13.29, as well as comply with the terms enumerated herein. B. If Tenant is currently or becomes subject to the Berkeley Equal Benefits Ordinance, Xxxxxx Tenant agrees to supply the City with any records the City deems necessary to determine compliance with this provision. Failure to do so shall be a considered a default, subject to the provisions of Paragraph 17 of this leaseArticle 14. C. If Tenant fails to comply with the requirements of this Section, City shall have the rights and remedies described in this Section, in addition to any rights and remedies provided by law or equity. Tenant’s failure to comply with this Paragraph Section shall constitute default of the leaseGround Lease, upon which City may terminate this lease Ground Lease pursuant to Paragraph 18. Article 14. D. In addition, at City’s sole discretion, Tenant may be responsible for liquidated damages in the amount of $50.00 per employee per day for each and every instance of violation of this Section. It is mutually understood and agreed that XxxxxxTenant’s failure to provide its employees with equal benefits will result in damages being sustained by City; that the nature and amount of these damages will be extremely difficult and impractical to fix; that the liquidated damages set forth herein is the nearest and most exact measure of damages for such breach that can be fixed at this time; and that the liquidated damage amount is not intended as a penalty or forfeiture for Tenant’s breach.

BERKELEY EQUAL BENEFITS ORDINANCE (EBO). X. Xxxxxx 25.1 Lessee hereby agrees to comply with the provisions of the Berkeley Equal Benefits Ordinance, B.M.C. Chapter 13.29. If Tenant Lessee is currently subject to the Berkeley Equal Benefits Ordinance, Tenant Lessee will be required to provide all eligible employees with City mandated equal benefits during the term of this lease, as defined in B.M.C. Chapter 13.29, as well as comply with the terms enumerated herein. B. 25.2 If Tenant Lessee is currently or becomes subject to the Berkeley Equal Benefits Ordinance, Xxxxxx Lessee agrees to supply the City with any records the City deems necessary to determine compliance with this provision. Failure to do so shall be a considered a default, subject to the provisions of Paragraph 17 paragraph 15 of this lease. C. 25.3 If Tenant Lessee fails to comply with the requirements of this Section, City shall have the rights and remedies described in this Section, in addition to any rights and remedies provided by law or equity. Tenant. 25.4 Lessee’s failure to comply with this Paragraph paragraph shall constitute default of the lease, upon which City may terminate this lease pursuant to Paragraph 18paragraph 17. In addition, at City’s sole discretion, Tenant Lessee may be responsible for liquidated damages in the amount of $50.00 per employee per day for each and every instance of violation of this Section. It is mutually understood and agreed that XxxxxxLessee’s failure to provide its employees with equal benefits will result in damages being sustained by City; that the nature and amount of these damages will be extremely difficult and impractical to fix; that the liquidated damages set forth herein is the nearest and most exact measure of damages for such breach that can be fixed at this time; and that the liquidated damage amount is not intended as a penalty or forfeiture for TenantLessee’s breach.

BERKELEY EQUAL BENEFITS ORDINANCE (EBO). X. Xxxxxx hereby agrees to comply with the provisions of the Berkeley Equal Benefits OrdinanceOrdinance (EBO), B.M.C. Chapter 13.29. If Tenant is currently subject to the Berkeley EBO, as indicated by the Equal Benefits OrdinanceCertification form, attached hereto, Tenant will be required to provide all eligible employees with City mandated equal benefits during the term of this leasebenefits, as defined in B.M.C. Chapter 13.29, during the term of this Lease, as well as comply with the terms enumerated herein. B. If Tenant is currently or becomes subject to the Berkeley Equal Benefits OrdinanceEBO, Xxxxxx agrees to supply provide the City with any all records the City deems necessary to determine compliance with this provision. Failure to do so shall be a considered a default, These records are expressly subject to the provisions of Paragraph 17 auditing terms described in Section 33 of this leaseLease. C. If Tenant fails to comply with the requirements of this Section, City shall have the rights and remedies described in this Section, in addition to any rights and remedies provided by law or equity. Tenant’s 's failure to comply with this Paragraph Section shall constitute default a material breach of the leaseLease, upon which City may terminate this lease Lease pursuant to Paragraph 18Section 3. In the event the City terminates this Lease due to a default by Tenant under this provision, the City may deem Tenant a non-responsible bidder for not more than five (5) years from the date this Lease is terminated. In addition, at City’s 's sole discretion, Tenant may be responsible for liquidated damages in the amount of $50.00 per employee per day for each and every instance of violation of this Section. It is mutually understood and agreed that Xxxxxx’s 's failure to provide its employees with equal benefits will result in damages being sustained by City; that the nature and amount of these damages will be extremely difficult and impractical to fix; that the liquidated damages set forth herein is the nearest and most exact measure of damages for such breach that can be fixed at this time; and that the liquidated damage amount is not intended as a penalty or forfeiture for Tenant’s 's breach. City may deduct any assessed liquidated damages from any payments otherwise due Tenant.

BERKELEY EQUAL BENEFITS ORDINANCE (EBO). X. Xxxxxx 24.1 Tenant hereby agrees to comply with the provisions of the Berkeley Equal Benefits Ordinance, B.M.C. BMC Chapter 13.29. If Tenant is currently subject to the Berkeley Equal Benefits Ordinance, Tenant will be required to provide all eligible employees with City mandated equal benefits during the term of this lease, as defined in B.M.C. BMC. Chapter 13.29, as well as comply with the terms enumerated herein. B. 24.2 If Tenant is currently or becomes subject to the Berkeley Equal Benefits Ordinance, Xxxxxx Tenant agrees to supply the City with any records the City deems necessary to determine compliance with this provision. Failure to do so shall be a considered a default, subject to the provisions of Paragraph 17 of this lease. C. 24.3 If Tenant fails to comply with the requirements of this Section, City shall have the rights and remedies described in this Section, in addition to any rights and remedies provided by law or equity. Tenant’s Lessee's failure to comply with this Paragraph shall constitute default of the lease, upon which City may terminate this lease pursuant to Paragraph 18. License. 24.4 In addition, at City’s 's sole discretion, Tenant may be responsible for liquidated damages in the amount of $50.00 of$50.00 per employee per day for each and every instance of violation of this Section. It is mutually understood and agreed that Xxxxxx’s Tenant's failure to provide its employees with equal benefits will result in damages being sustained by City; that the nature and amount of these damages will be extremely difficult and impractical to fix; that the liquidated damages set forth herein is the nearest and most exact measure of damages for such breach that can be fixed at this time; and that the liquidated damage amount is not intended as a penalty or forfeiture for Tenant’s 's breach.