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FAULTS" basis, without representation or warranty expressed or implied by City, or by <br />operation of law. City expressly disclaims, which Licensee hereby acknowledges and accepts, <br />any implied warranty of condition or fitness for a particular purpose or use. Licensee's use of <br />the Licensed Premises shall be subject to the Licensed Premises being in a usable and safe <br />condition at the time of Licensee's use, and Licensee shall be solely responsible for determining <br />whether the Licensed Premises are in such condition. In connection therewith, in the event that <br />the Licensed Premises or access thereto are damaged or obstructed, or the use by Licensee is <br />otherwise impaired, prevented or limited, City shall have no obligation or duty to repair the <br />damage or rectify the condition to make the Licensed Premises usable or safe. <br />Licensee shall not make any changes or remove any portion of the Licensed Premises <br />without first securing the prior consent of the Executive Director of the Parks, Recreation & <br />Community Services Department (or designee). All such approved changes or removals shall be <br />at the sole expense of Licensee. <br />10. SIGNS, UMBRELLAS, MUSIC AND MERCHANDISE <br />Licensee shall be allowed to use free-standing umbrellas provided they meet the City's <br />Outdoor Dining Standards and Procedures for placement and maintenance. No signs or <br />advertising matter of any kind shall be displayed in the outdoor dining area, except as approved <br />by the City's Planning Department. Unamplified musical instruments or sound reproduction <br />systems are permitted in outdoor dining areas, but shall be maintained at sufficiently low <br />volumes so as not to unduly intrude on neighboring businesses, residents, or users of the public <br />right-of-way and the Licensed Premises. <br />11. CONDUCT <br />Licensee shall at all times conduct its business or operate its business in a quiet and <br />orderly manner to the satisfaction of the City. <br />12. NO LIENS <br />Licensee shall not permit any mechanics', materialmen's or other liens of any kind or <br />nature ("Liens") to be filed or enforced against the Licensed Premises or Property in connection <br />with 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, at <br />any time and from time to time, to post and maintain on the Licensed Premises or Property, or <br />any portion thereof, or on the improvements on the Property, any notices of non -responsibility or <br />other notice as may be desirable to protect City against liability. <br />13. INGRESS AND EGRESS <br />The City reserves the right to enter upon the Licensed Premises covered by this License <br />Agreement at any and all times during the term of this License Agreement. No merchandise <br />may be stored or displayed on or about the Licensed Premises. <br />Page 5 of 11 <br />#19793v4 <br />