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DO NOT RECORD <br />proceeding that may be brought or arise out of, in connection with or by reason of this <br />Agreement. <br />Section 8.11 Survival <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 />Section 8.12 State of Emergency/Public Necessity <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, Landlord may, give <br />immediate notice in writing to Tenant to suspend or revoke normal operation under this <br />Agreement without liability to Tenant when the emergency/public necessity so requires, <br />or to suspend operation immediately hereunder temporarily in the event of such public <br />emergency, as may be determined by the City Manager. Such suspension will terminate <br />as soon as the public necessity or emergency no longer exists. Tenant shall be <br />compensated for any time of suspended use or operation by Landlord in the form of an <br />equal amount of time added onto the term of this Agreement by Landlord (i.e. Tenant <br />suspends operation for 2 months due to state of emergency, term of Agreement is <br />extended an additional 2 months). <br />Section 8.13 Conflict of Interest <br />Tenant 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 />specified herein. <br />Section 8.14 Attorney's Fees <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 />Section 8.15 Exclusivity and Amendment <br />This Agreement constitutes the entire agreement and understanding between Landlord <br />and Tenant respecting the Premises, the renting of the Premises to Tenant, or the Term <br />herein specified, and correctly sets forth the obligations of Landlord and Tenant to each <br />other as of its date. Any agreements or representations respecting the Premises not <br />expressly set forth in this instrument are null and void. This Agreement or any part of it <br />may not be changed, altered, modified, limited or extended orally or by any Agreement <br />14 <br />