§ 5. Repair of benches.

Licensee's duty to clean, repair or replace such benches shall exist regardless of whether the benches were negligently or intentionally damaged or broken or otherwise subject to malicious mischief or acts of vandalism. Licensee's obligation to clean, repair and maintain said benches is absolute, and is not dependent upon any notification by the City. However, licensee agrees to clean, repair and replace any damaged, dirty or broken benches immediately upon receipt of written notice from City, and in no event later than seventy-two (72) hours after receipt of such notice. At any time a bench shall be removed from its location in the public street and/or other public place for maintenance, cleaning or repairs, a similar bench in good condition shall be substituted and left in its place at licensee's expense. Failure by licensee to comply with the provisions of this paragraph, or to timely clean, repair or replace said benches upon City's request and to City's satisfaction, shall constitute a breach of this agreement, and City shall have the right to cancel this franchise and agreement without further notice to licensee.