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<br />DO NOT RECORD <br /> <br />Section 8.11 Survival <br /> <br />Terms and conditions of this Agreement which by their sense and context survive the <br />termination or expiration of this Agreement, shall so survive. <br /> <br />Section 8.12 State of Emergency/Public Necessity <br /> <br />Due to the fact that The Depot has been designated a Homeland Security Evacuation <br />Center, upon the declaration of a state of emergency/public necessity, Licensor may, give <br />immediate notice in writing to Licensee to suspend or revoke normal operation under this <br />Agreement without liability to Licensee when the emergency/public necessity so <br />requires, or to suspend operation immediately hereunder temporarily in the event of such <br />public emergency, as may be determined by the City Manager. Such suspension will <br />terminate as soon as the public necessity or emergency no longer exists. Licensee shall <br />be compensated for any time of suspended use or operation by Licensor in the form of an <br />equal amount of time added onto the term of the Agreement by Licensor (i.e. Licensee <br />suspends operation for 2 months due to state of emergency, Agreement Term is extended <br />an additional 2 months). <br /> <br />Section 8.13 Conflict ofInterest <br /> <br />Licensee covenants that it presently has no interest and shall not have interests, direct or <br />indirect, which would conflict in any manner with performance of this Agreement. <br /> <br />Section 8.14 Attorney's Fees <br /> <br />In the event suit is brought by either party to enforce the terms and provisions of this <br />Agreement or to secure the performance hereof, each party shall bear its own attorney's <br />fees. <br /> <br />Section 8.15 Exclusivity and Amendment <br /> <br />This Agreement constitutes the entire agreement and understanding between Licensor <br />and Licensee respecting the Premises and correctly sets forth the obligations of Licensor <br />and Licensee to each other as of such date. Any agreements or representations respecting <br />the Premises or their licensing between the parties not expressly set forth in this <br />instrument are null and void. This Agreement or any part of it may not be changed, <br />altered, modified, limited or extended orally or by any Agreement between the parties, <br />unless such Agreement is expressed in writing, signed and acknowledged by Licensor <br />and Licensee, or their successors in interest. <br /> <br />Section 8.16 Captions <br /> <br />Captions used in this Agreement are for ease of reference only and shall not affect the <br />construction or interpretation of this Agreement. <br /> <br />II <br />