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DOWNTOWN, INC. AND SANTA ANA BUSINESS COUNCIL-N-2020-090
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DOWNTOWN, INC. AND SANTA ANA BUSINESS COUNCIL-N-2020-090
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Last modified
5/13/2020 11:45:11 AM
Creation date
5/6/2020 4:11:43 PM
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Contracts
Company Name
DOWNTOWN, INC. AND SANTA ANA BUSINESS COUNCIL
Contract #
N-2020-090
Agency
COMMUNITY DEVELOPMENT
Expiration Date
4/1/2021
Destruction Year
2026
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Licensee's use of the Street Furniture shall be subject to the Street Furniture being in a <br />usable and safe condition at the time of each Licensee's use, and each Licensee shall be <br />responsible for determining whether the Street Furniture is in such condition. in <br />connection therewith, in the event that the Street Furniture is damaged or the use by a <br />Licensee is otherwise impaired, prevented or limited, Licensor shall have no obligation <br />or duty to repair the damage or rectify the condition to make the Street Furniture usable <br />or safe. <br />5. Entire Agreement, Waiver, and Amendments <br />This Agreement incorporates all of the terms and conditions mentioned herein, or incidental hereto, <br />and supersedes all negotiations and previous agreements between the parties with respect to the <br />subject matter of this Agreement. All waivers of the provisions of this Agreement must be in writing <br />and signed by the appropriate authorities of the party to be charged. Any amendment or modification <br />to this Agreement mast be In writing and executed by the appropriate authorities of the Licensor and <br />Licensees. <br />6. Severability <br />If any term, provision, covenant, or condition of this Agreement is held by a court of competent <br />jurisdiction to be invalid, void, or unenforceable, the remaining provisions of the Agreement shall <br />continue in full force and effect, unless and to the extent the rights and obligations of one or more <br />parties has been materially altered or abridged by such holding. <br />7. No Assignment <br />Licensees shall not assign or transfer or otherwise convey any interest in this Agreement to any party <br />without the express prior written consent of Licensor, which consent may be withheld in Licensor's <br />sole and absolute discretion. <br />S. Choice of Law <br />This agreement is to be governed by, and construed in accordance with, the laws of the State of <br />California. Venue shall be In Orange County. <br />9. Remedies <br />Any party shall, in addition to all other rights provided herein or as may be provided by law, be <br />entitled to the remedies of specific performance and injunction to enforce its rights hereunder, except <br />to the extent expressly provided to the contrary in this Agreement. All rights and remedies under this <br />Agreement are cumulative and no one of them shall be exclusive of any other, and each party shall <br />have the right to pursue any one or all of such rights and remedies or any other remedy which may <br />be provided by law, whether or not stated in this Agreement, except to the extent expressly provided <br />to the contrary in this Agreement. <br />10. Counterparts <br />
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