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SMG, its officers, agents and employees shall comply with all Laws applicable to
<br />SMG's management of the Facility hereunder. With respect to the ADA, SMG will comply with
<br />Title III of the ADA and the provision of such auxiliary aids or alternate services as may be re-
<br />quired by the ADA. Nothing in this Section 11.2 or elsewhere in this Agreement shall, however,
<br />require SMG to undertake any of the foregoing compliance activity, nor shall SMG have any lia-
<br />bility under this Agreement therefor, if (a) such activity requires any Capital Improvements or
<br />Capital Equipment purchases, unless the County provides funds for such Capital Improvements
<br />and Capital Equipment purchases pursuant to Section 5.8 hereof, or (b) any Pre - Existing Agree-
<br />ment fails to require any licensee, lessee, tenant, promoter or user of any portion of the Facilities
<br />to comply, and to be financially responsible for compliance, with Title III of the ADA in connec-
<br />tion with any activities of such licensee, lessee, tenant, promoter or user at the Facilities. Fur-
<br />thermore, SMG shall have the right to require any licensee, lessee, tenant, promoter or user of
<br />any portion of the Facility to comply, and to be financially responsible for compliance, with Title
<br />III of the ADA in connection with any activities of such licensee, lessee, tenant, promoter or user
<br />at the Facility.
<br />11.3 No Discrimination in Employment
<br />In connection with the performance of work under this Agreement, SMG shall not
<br />refuse to hire, discharge, refuse to promote or demote, or discriminate in matters of compensa-
<br />tion against, any Person otherwise qualified, solely because of race, color, religion, gender, age,
<br />national origin, military status, sexual orientation, marital status or physical or mental disability.
<br />12. Termination.
<br />12.1 Termination Upon Default
<br />Either party may terminate this Agreement upon a default by the other party he-
<br />reunder. A party shall be in default hereunder if (i) such party fails to pay any sum payable he-
<br />reunder within thirty (30) days after same is due and payable, or (ii) such party fails in any ma-
<br />terial respect to perform or comply with any of the other terms, covenants, agreements or condi-
<br />tions hereof and such failure continues for more than thirty (30) days after written notice thereof
<br />from the other party. In the event that a default (other than a default in the payment of money) is
<br />not reasonably susceptible to being cured within the thirty (30) day period, the defaulting party
<br />shall not be considered in default if it shall within such thirty (30) day period have commenced
<br />with due diligence and dispatch to cure such default and thereafter completes with dispatch and
<br />due diligence the curing of such default. SMG acknowledges and agrees that neither it nor any
<br />concessionaire, vendor, promoter, licensee or other party with whom SMG may deal in connec-
<br />tion with the Facility is a tenant of the Facility or has any leasehold or other similar interest in
<br />the land of or in the Facility itself, and summary ejectment procedures shall not be applicable to
<br />any termination of SMG's rights to manage the Facility hereunder.
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