|
of this License; and (iv) replace such certificates of insurance for policies expiring prior to the
<br />termination of this License.
<br />7. RELEASE AND INDEMNITY
<br />Licensee unconditionally agrees to release, indemnify, defend and hold harmless City, its
<br />officers, directors, Agencies, employees, and authorized agents (collectively "Agents"), from and
<br />against any and all claims, liabilities, costs, damages or causes of action for injuries, death to any
<br />person or damage to personal or real property, including the property of employees, volunteers,
<br />officers or agents of Licensor or Licensee, and shall indemnify, defend and hold harmless
<br />Licensor and Licensor's Agents from any and all claims, demands, suits, actions or proceedings
<br />of any kind, and all costs and expenses, including, reasonable attorneys' fees, settlements or
<br />judgments, arising out of the construction, reconstruction, maintenance, presence, operation, use,
<br />removal or state of repair of the License Area.
<br />S. GOVERNING LAW
<br />This License shall be governed by and construed in accordance with the laws of the State of
<br />California.
<br />9. ENTIRE AGREEMENT
<br />This License, together with all attachments hereto, and the ASA entered into by the Parties,
<br />constitutes the entire understanding and agreement of the Parties. This License and the ASA
<br />entered into by the Parties supersedes any and all other agreements, either oral or written,
<br />between the Parties hereto with respect to the terms and conditions set forth in this License and
<br />contains all the covenants and agreements between the Parties. Each Party to this License
<br />acknowledges that no representation, inducements, promises or agreements, made orally or
<br />otherwise, have been made by any party, or anyone acting on behalf of any party, with respect to
<br />such services or terms and conditions which are not embodied herein, and that no amendment
<br />hereto shall be effective unless set forth in writing, approved by the Licensor and Licensee.
<br />10. INDEPENDENT CONTRACTOR
<br />It is understood and agreed that Licensee, in the performance of this License, will
<br />be acting in a wholly independent capacity and not as agents, employees, partners, or joint
<br />venturers of the Licensor. This License does not create a tenancy of any nature whatsoever
<br />between the Licensor and Licensee.
<br />11. ASSIGNMENT BY LICENSEE PROHIBITED
<br />In no event shall Licensee assign or transfer any of the rights conferred herein without the
<br />prior written consent of the Licensor.
<br />12. ATTORNEY FEES AND COSTS
<br />Acquisition Settlement Agreement
<br />11 of 13
<br />Tenant's Initials
<br />
|