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<br /> <br /> <br /> DO NOT RECORD <br /> <br /> <br /> improvements and repairs are to be coordinated by the City utilizing City approved <br /> vendors. <br /> Section 8.09 Time of Essence <br /> <br /> Time is expressly declared to be of the essence in this Agreement. <br /> <br /> Section 8.10 Governing Law <br /> <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 /> <br /> Section 8.11 Survival <br /> <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 /> <br /> Section 8.12 State of Emergency/Public Necessity <br /> <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 /> <br /> Section 8.13 Conflict of Interest <br /> <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 /> <br /> Section 8.14 Attorney's Fees <br /> <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 /> <br /> <br /> 25F-16 <br />