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DO NOT RECORD <br />improvements and repairs are to be coordinated by the City utilizing City approved <br />vendors. <br />Section 8.09 Time of Essence <br />Time is expressly declared to be of the essence in this Agreement. <br />Section 8.10 Governing Law <br />This Agreement has been executed and delivered in the State of California and the <br />validity, interpretation, performance, and enforcement of any of the clauses of this <br />Agreement shall be determined and governed by the laws of the State of California. Both <br />parties further agree that Orange County, California, shall be the venue for any action or <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 SARTC has been designated a Homeland Security Evacuation Center, <br />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 License by Licensor (i.e. Licensee <br />suspends operation for 2 months due to state of emergency, License is extended an <br />additional 2 months). <br />Section 8.13 Conflict of Interest <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 License <br />Agreement 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 />13 <br />25F-16