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1.7 AS -IS Condition. City makes no representation or warranty of any kind as to the condition of the <br />License Area or any other matter relating to Licensee's use of the License Area. Licensee hereby disclaims and <br />waives any and all objections to the physical and other characteristics and conditions of the License Area. Licensee <br />acknowledges and agrees that the use of the License Area will be on the basis of Licensee's own investigation of <br />the condition of the License Area. The license to use the License Area shall be granted on an "AS -IS," "WITH <br />ALL FAULTS" basis, without representation or warranty expressed or implied by City, or by operation of law. <br />City expressly disclaims, which Licensee hereby acknowledges and accepts, any implied warranty of condition or <br />fitness for a particular purpose or use. Licensee's use of the License Area shall be subject to the License Area being <br />In a usable and safe condition at the time of Licensee's use and Licensee shall be responsible for determining <br />whether the License Area is In such condition. In connection therewith, in the event that the License Area or access <br />thereto is damaged or obstructed or the use by Licensee is otherwise impaired, prevented or limited, City shall have <br />no obligation or duty to repair the damage or rectify the condition to make the License Area usable or safe. <br />1.8 No assignment of License. The permission, rights and privileges granted hereunder are <br />nonexclusive and nontransferable. Licensee shall not, either voluntarily or by action of law, assign or transfer this <br />License or any obligation, right, title or interest assumed by Licensee herein without the prior written consent of the <br />City. If Licensee attempts an assignment or transfer of this License or any obligation, right, title or interest herein <br />without City's prior written consent, City may at Its option, terminate the License pursuant to Section 1,10 below <br />and shall thereupon be relieved from any and all obligations to Licensee or its assignee or transferee. <br />Notwithstanding the foregoing, Licensee may grant permission to an affiliate or subsidiary to utilize the License <br />Area upon the City's express prior written approval, which consent may be withheld in the City's sole and absolute <br />discretion <br />1.9 Agreement to Protect and Maintain Facilities. Licensee, on behalf of its Agents and Invitees, agrees <br />to take all prudent action to protect the Facilities from any damage or injury caused by the exercise of this License. <br />Licensee shall immediately notify City of any damage or injury to the Facilities caused by its use of the Facilities, <br />No temporary or permanent signs or awning shall be erected or maintained upon or attached to the outside <br />of the promises except such signs which have been approved in advance by City, <br />1.10 City's Right of Suspension, Termination. City reserves the right to immediately suspend all <br />activities or terminate this Agreement upon Licensee's non-compliance with any of the terms or conditions of this <br />Agreement. Such suspension or termination shall be effective immediately. <br />City may temporarily suspend access to and use of all or any portion of the License Area for operational, <br />maintenance, repair, security, emergency or other purposes at City's discretion. City will provide Licensee with as <br />much notice as is reasonably possible prior to any such suspension, which notice will include: (a) the date when <br />such suspension of access and use will commence; (b) the anticipated duration of such suspension of access and <br />use; (c) the reason for such suspension of access and use; (d) that portion of the License Area subject to such <br />suspension of access and use and (e) if feasible, provide Licensee an alternative location in proximity to the License <br />Area in order to continue bus operations. During such periods of suspension, Licensee will be unable to access, use <br />or operate on that portion of the License Area to which City has suspended access and use. If, during such periods, <br />Licensee desire or need to continue to operate its bus service, it shall be solely responsible for the provision of the <br />same without the use of that portion of the License Area over which access and use have been suspended. City shall <br />not be liable for any cost or damage incurred by Licensee as a result of any suspension of access or use pursuant to <br />this Section 1.10, including, without limitation, any consequential damages resulting therefrom. City shall use <br />reasonable commercial efforts to provide alternate space in the License Area during the period of suspended access <br />and use, <br />