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over the City, including all applicable federal, state, and local occupation, safety and <br />health laws, rules, regulations and standards, applicable state and labor standards, <br />prevailing wage requirements, the City zoning and development standards, City permits <br />and approvals, building, plumbing, mechanical and electrical codes, as they map apply, <br />and all other provisions of the City and its Municipal Code (as they may apply), and all <br />applicable disabled and handicapped access requirements, including, without limitation, <br />the Americans With Disability Act, 42 U.S.C. § 12101 et seq., Government Code § 4450 <br />et seq., and the Unruh Civil Rights Act, Civil Code § 51 et seq. <br />35. MISCELLANEOUS <br />A. Survival of Provisions. If any part of this Agreement is for any reason <br />found to be unenforceable, all other parts nevertheless remain enforceable. <br />B. Assignment. This Agreement binds an inures the benefit of the parties and <br />their respective successors and assigns. <br />C. Time of the Essence. Time is of the essence regarding this Agreement. <br />D. Agreement Organization. The various heading and numbers herein, the <br />grouping of provisions of this Agreement into separate clauses and paragraphs, <br />and the organization hereof, are for the purpose of convenience only, and shall not <br />be considered otherwise. <br />E. Inspection. City or its authorized representative shall have the right at all <br />times to inspect the Premises to determine if the provisions of this Agreement are <br />being complied with. <br />F. Conflict of Interest. Operator shall avoid all conflict of interest or the <br />appearance of conflict of interest in performance of this Agreement. <br />G. Successors in Interest. Unless otherwise provided in this Agreement, the <br />terms, covenants, and conditions contained herein shall apply to and bind the <br />heirs, successor, executors, administrators, and assigns of all the parties hereto, all <br />of whom shall be jointly and severely liable hereunder. <br />G. Partial Invalidity. If any term, covenant, condition, or provision of this <br />Agreement is held by a court of competent jurisdiction to be invalid, void, or <br />unenforceable, the remainder of the provisions hereof shall remain in full force <br />and effect and shall in no way be affected, impaired, or invalidated thereby. <br />H. Waiver of Rights. The failure of City or Operator to insist upon strict <br />performance of any of the terms, covenants or conditions of this agreement shall <br />not be deemed a waiver of any right or remedy that City or Operator may have <br />and shall not be deemed a waiver of the right of the Agreement thereafter. <br />30 <br />