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01/28/2019 BOARD OF SELECTMEN Agenda Packet
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01/28/2019 BOARD OF SELECTMEN Agenda Packet
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2/8/2019 5:08:33 PM
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Mashpee_Meeting Documents
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BOARD OF SELECTMEN
Meeting Document Type
Agenda Packet
Meeting Date
01/28/2019
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(DRAFT-FOR DISCUSSION PURPOSES ONLY) <br /> 13. On-site Consum tp jon. <br /> The Company agrees that,even if permitted by statute or regulation,it will prohibit on-site <br /> consumption of marijuana and marijuana-infused products at the Establishment. <br /> 14. Term and Termination. <br /> This Agreement shall take effect on the day above written,subject to the contingencies noted <br /> herein. This shall continue in effect for so long as the Company <br /> operates the Establishment or any similar Marijuana Establishment within the Town,or five <br /> (5)years from the date of this Agreement,whichever is earlier. At the conclusion of the term <br /> of this Agreement, the parties shall renegotiate a new Host Community Agreement in <br /> accordance with the current prevailing regulations and laws as such regulations and laws may <br /> be amended or replaced-.but this shall not include a biddin rocess with thirdarties and <br /> the parties shall make at] commercially reasonable efforts to renew this Agreement for at <br /> least another five year term. In the event the Company no longer does business in the <br /> Town or in any way loses or has its license revoked by the Commonwealth,this Agreement <br /> shall become null and void; however, the Company will be responsible for the prorated <br /> portion of the Annual Payment due as under section 2 c.above.The Town may terminate this . <br /> Agreement at anytime <br /> Formatted:L€sC Paragraph,Fndent Left 1" <br /> 15. Failure to Locate and/or Relocation. <br /> This Agreement shall be null and void in the event that the Company shall(1)not locate a <br /> Retail Marijuana Establishment in the Town,in which case,the Company shall reimburse the <br /> Town for its legal fees associated with the negotiation of this Agreement,or(2)relocate the <br /> Establishment out of the Town.In the case of relocation out of Town,an adjustment of funds <br /> due to the Town hereunder shall be calculated based upon the period of operation within the <br /> Town, but in no event shall the Town be responsible for the return of any funds already <br /> provided to it by the Company.It however,the Establishment is relocated out of the Town <br /> prior to the second anniversary of the date of this Agreement the Company shall pay the <br /> Town as liquidated damages an amount equal to teff� ^'moo=1m��I)yo Hundred Fifty <br /> Thousand Doll ars f$24,000)in consideration of the expenditure of resources by the Town in <br /> negotiating this age ,tAgeemcnt and preparing for impacts. <br /> 16. Governing Law. <br /> This Agreement shall be governed in accordance with the laws of the Commonwealth of <br /> Massachusetts and venue for any dispute hereunder shall be in the courts of Barnstable <br /> County <br /> 17. Amendments/Waiver. <br /> Amendments, or waivers of any term, condition, covenant, duty or obligation contained in <br /> this Agreement may be made only by written amendment executed by all signatories to the <br /> original Agreement,prior to the effective date of the amendment. <br /> 8 <br />
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