|
waives any and all objections to the physical and other characteristics and conditions offthe
<br />Property. Licensee acknowledges and agrees that the use of the Property will be on the
<br />basis of Licensee's own investigation of the condition of the Property. The license to use
<br />the Property shall be granted on an "AS -IS," "WITH ALL FAULTS" basis, without
<br />representation or warranty expressed or implied by City, or by operation of law. City
<br />expressly disclaims, which Licensee hereby acknowledges and accepts, any implied
<br />warranty of condition or fitness for a particular purpose or use. Licensee's use of the
<br />Property shad be subject to the Property being in a usable and safe condition at the time of
<br />Licensee's use, and Licensee shall be responsible for determining whether the Property is
<br />in such condition. In connexion therewith, in the event that the Property or access thereto
<br />is damaged or obstructed or the use by Licensee is otherwise impaired, prevented or
<br />limited, City shall have no obligation or duty to repair the damage or rectify the condition
<br />to make the Property usable or safe.
<br />4.6. Licensee shall not permit any mechanics', materialmen's or other liens of
<br />any kind or nature ("Liens'j to be filed or enforced against the Property in connection with
<br />this Agreement. Licensee shall indemnify, defend and hold harmless City from all liability
<br />for any and all liens, claims and demands, together with costs of defense and reasonable
<br />attorneys' fees, arising from any Liens. City reserves the right, at its sole cost and expense,
<br />at any time and from time to time, to post and maintain on the Property, or any portion
<br />themt or on the improvements on the Property, any notices of non -responsibility or other
<br />notice as may be desirable to protect City against liability. In addition to, and not as a
<br />limitation of City's other rights and remedies under this Agreement, should Licensee fail,
<br />within ten (10) days of written request from City, either to discharge any Lien or to bond
<br />for any Lien, or to defend, indemnify, and hold harmless City &oin and against any loss,
<br />damage, injury, liability or claim arising out of a Lien, then City, at its option, may elect to
<br />pay such Lien, or settle or discharge such Lien and any action or judgment related thereto
<br />and all costs, expenses and attorneys' fees incurred in doing so shall be paid to City, as
<br />applicable, by Licensee upon written demand.
<br />4.7. Licaism shall not have any interest in the Property or be entitled to any
<br />reimbursement or repayment for any work performed upon the Property pursuant to this
<br />Agreement.
<br />4.9. Licensee shall take all necessary precautions to prevent the import and/or
<br />release into the environment of any"hazardous material," "hazardous waste" or "hazardous
<br />chemicals" as those terns are used in CBRCLA (42 U.S.C. § 9601(14)) or SARA (42
<br />U.S.C. § 110211(e)) or any similar Federal, State, or local law, statute, ordinance,
<br />regulation or order, which are imported to, in, on or under the Property during this right of
<br />entry. If such hazardous materials are imported onto the Property, Licensee shall be solely
<br />responsible for removing such imported hazardous materials in conformance with all
<br />governmental requirements. Licensee shall report to City, as soon as possible after each
<br />incident, any unusual or potentially important incidents with respect to the environmental
<br />condition of the Property.
<br />
|