FULL PACKET_2009-05-18 - Laserfiche WebLink

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F f ~~'4n./ ~i .l, "Permittees'") the rights to twenty-five (25} non-exclusive parking spaces from the spaces granted to GP2 pursuant to the terms of the TIAA Parking Agreement. The transfer of the rights to such twenty-five (25) non-exclusive pazking spaces pursuant to the terms of the TIAA Parking Agreement is strictly on an "AS-IS" basis and is without warranty of any kind and shat} be subject to a!1 of the terms and conditions of the TIAA Parking Agreement. Any and alI rights to use the TIAA Parking Structure pursuant to this Agreement shall cease and terminate upon the termination of the TIAA Parking Agreement for any reason. Doubletree hereby agrees and acknowledges that it has evaluated the TIAA Parking Agreement and is satisfied with the terms and conditions thereof and with GP2"s authority to make the transfer hereunder and Doubletree hereby disclaims any warranties and representations with regard thereto. Notwithstanding the foregoing, neither Doubletree nor any Permittee shall be required to pay or be subject to any charge, fee or other imposition associated with the use of such spaces; provided, however, a validation or pazking identification system (at no cost} may be instituted and operated without the consent of Doubletree. Further, in no event steal} Doubletree be subject to, and GP2 shalt hold Doubletree free and harmless from and against, any operating expenses which may be charged or levied pursuant to the TIAA Parking Agreement. 2. Constructive Notice o Transfer. This Agreement shall be recorded in the Official Records of the Orange County, California, to pmvide constructive notice of the transfer of the rights to the twenty-five (25}non-exclusive parking spaces described herein. 3. Rules. Doubletree ogees to comply with and to cause all Permittees to comply with all reasonable, non-discrinunatory rules and regulations with respect to the use and operation of the TIAA Parking Structure including, without limitation, the terms and restrictions contained in the TIAA Parking Agreement. 4. Miscellaneous. (a) Successors; Inte tion and Restatement. This Agreement shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. (b) ante arts. This Agreement may be executed in counterparts, including facsimile counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same Agreement. (c) nth ri Fach individual executing this Agreement on behalf of a party represents that he or she is duly authorized to execute and deliver this Agreement on behalf of such party and that this Agreement is binding on said party. (d} Attorney's Fees. The provisions in the TIAA Parking Agreement respecting payment of attorney's fees shall also apply to this Agreement. jSIGNATURES ONFOLLOu'ING PAGE) 17b4P6.Of~(}C Nd]43-Q3SIL 3-06tn,3~iQs1 75B-247