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ability under this Agreement therefor, if (a) such activity requires any Capital Improvements or Capital Equipment purohases, unless the County provides funds far such Capital Improvements and Capital Equipment purchases pursuant to Section 5.8 hereof, or (b}any Pre-Existing Agree- ment fails to require any licensee, lessee, tenaru, promoter or user of any portion of the Facilities to comply, and to be financially responsible for compliance, with Title III of the ADA in connec- tionwith arty activities of such licensee, lessee, tenant, promoter or user at the Facilities. Fur- thermore, SMG shall have the right to require any licensee, lessee, tenant, promoter or naer of any portion of the Facr7ity to comply, and to be financially responsible for compliance, with Title III of the ADA in connection with any activities of such licensee, lessee, tenant, promoter or user at the Facility. 11.3 No Discrimination in Employment. In connection with the performance of work under this Agreement, SMG shall not refuse to hire, discharge, refuse to promote or demote, or dis~m;nate in matters of compensa- tion against, any Person otherwise qualified, solely because of race, color, religion, gender, age, national origin, military status, sexual orientation, marital status or physical or mental disability. 12. Termination. 12.1 Termination Upon Default. Either party may tennin_ats this Agreement upon a default by the other party here- under. A patty shall be in default hereunder if (i) such party fails to pay any sum payable here- under within thirty (30) days after same is due and payable, or (ii) such parry fails in any material respect to perform or comply with any of the other terms, covenanffi, agreements or conditions hereof and such failure continues for more than thirty (30) days after written notice thereof from the other party. In the event that a default (other than a default in the payment of money} is not reasonably susceptible to being cured within the thirty (30) day period, the defaulting party shall not be considered in default if it shall within such thirty (30) day period have commenced with due diligence and dispatch to cure such default and thereafter completes with dispatch and due diligence the curing of such default. SMG acknowledges and agrees that neither it nor any con- cessionaire, vendor, promoter, licensee or other party with whom SMG may deal in connection with the Facility is a tenant ofthe Facility or has any leasehold or other similar interest in the land of or in the Facility itself; and summary ejectment procedures shall not be applicable to any termination of SMG's rights to manage the Facility hereunder. 12.2 Termination Other than Upon Default. (a) SMG shall have the right to terminate this Agreement upon sixty (60) days written notice to the County (i) under the circumstances descnbed in Sections 5.2(c) or 5.5 hereof, or (ii) as otherwise set forth herein. (b) Either party shall have the right to terminate this Agreement under the cir- cumstances specified in Section 13.6(d). 12.3 Effect of Termination. revised csbenua sgeement vlinel reddacrevlaed cehanus agnemmtvanel tprdoc 26 ot99s-zac