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11 <br />13 <br />15 <br />17 <br />19 <br />21 <br />23 <br />25 <br />27 <br />29 <br />31 <br />33 <br />35 <br />37 <br />39 <br />41 <br />43 <br />45 <br />47 <br />49 <br />8. CONDITION OF PARKING AREA UPON TERMINATION (N) <br />Except as otherwise agreed to herein, upon termination of this License, COUNTY shall redeliver possession <br />of said License Area to LICENSOR in substantially the same condition that existed immediately prior to <br />COUNTY's entry thereon, reasonable wear and tear, flood, earthquakes, other natural disaster, and war <br />excepted. <br />9. HOLDING OVER (N) <br />In the event COUNTY shall continue in possession of the License area after the term of this License, such <br />possession shall not be considered a renewal of this License but a tenancy from month -to -month and shall be <br />governed by the conditions and covenants contained in this License. <br />10. QUIET ENJOYMENT (9.13 S) <br />LICENSOR agrees that, subject to the terms, covenants, and conditions of this License, COUNTY may, <br />upon observing and complying with all terms, covenants, and conditions of this License, peaceably and <br />quietly occupy the License Area. <br />11. WAIVER OF JURY TRIAL (9.15 S) <br />To the extent permitted by applicable law, each Party acknowledges that it is aware of and has had the advice <br />of counsel of its choice with respect to its rights to trial by jury, and each Party, for itself and its successors <br />and assigns, does hereby expressly and knowingly waive and release all such rights to trial by jury in any <br />action, proceeding or counterclaim brought by any Party hereto against the other (and/or against its officers, <br />directors, employees, agents, or subsidiary or affiliated entities) on or with regard to any matters whatsoever <br />arising out of or in any way connected with this agreement and/or any claim of injury or damage. <br />12. GOVERNING LAW AND VENUE (9.16 S) <br />This agreement has been negotiated and executed in the State of California and shall be governed by and <br />construed under the laws of the State of California. In the event of any legal action to enforce or interpret <br />this agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange <br />County„ California, and the Parties thereto agree to and do hereby submit to the jurisdiction of such court, <br />notwithstanding Code of Civil Procedure section 394. <br />13. TIME OF ESSENCE (9.17 S) <br />Time is of the essence of this License. Failure to comply with any time requirements of this License shall <br />constitute a material breach of this License. <br />14. PAYMENT CARD COMPLIANCE (9.18 S) <br />Should LICENSOR conduct credit/debit card transactions in conjunction with their business with the <br />COUNTY, on behalf of the COUNTY, or as part of the business that they conduct, LICENSOR covenants and <br />warrants that it is currently Payment Card Industry Data Security Standard ("PCI DSS") and Payment <br />Application Data Security Standard ("PA DSS") compliant and will remain compliant during the entire <br />duration of this Lease. LICENSOR agrees to immediately notify COUNTY in the event LICENSOR should <br />ever become non -compliant, and will take all necessary steps to return to compliance and shall be compliant <br />within ten (10) days of the commencement of any such interruption. <br />#22322v2SL: 10/2019 <br />LICENSE <br />Page 8 of 9 <br />FICA PARKING LICENSE <br />