Laserfiche WebLink
11. ASSIGNMENT <br />Athens shall not, either voluntarily or by operation of law, assign, transfer, mortgage, pledge, or encumber <br />this License or any interest therein, and shall not sublet said Premises or any part thereof, or any right or <br />privilege appurtenant thereto, or allow any other person (the employees, agents, servants, and invitees of <br />Athens excepted) to occupy or use said Premises, or any portion thereof, without the prior written consent of <br />the City. <br />Default by Athens <br />Should Athens default in the performance of any of the terms, conditions, or obligations contained in this <br />Agreement, City may immediately terminate the License, re-enter and regain possession of the License Area. <br />Insolvency of Athens <br />The insolvency of Athens as evidenced by a receiver being appointed to take possession of all or <br />substantially all of the property of Athens, or the making of a general assignment for the benefit of creditors <br />by Athens, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle City to re-enter <br />and regain possession of the License Area. <br />Cumulative Remedies <br />The remedies given to City in this Agreement shall not be exclusive, but shall be cumulative and in addition <br />to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. <br />Waiver of Breach <br />The waiver by City of any breach by Athens of any of the provisions of this Agreement shall not constitute a <br />continuing waiver or a waiver of any subsequent breach by Athens either of the same or Gnother provision of <br />this Agreement. <br />12. HAZARDOUS MATERIALS <br />Athens represents and warrants that it will comply with all environmental laws during the term of this <br />Agreement; its use of the Premises herein will not generate any hazardous substance, and it will not store or <br />dispose on the Premises nor transport to or over the Premises any hazardous substance. Athens further <br />agrees to clean-up and remediate any hazardous substance on the Premises, and hold City harmless from and <br />indemnify City against any release of any such hazardous substance and any damage, loss, or expense or <br />liability resulting from such release by Athens or anyone acting on behalf of Athens, including all attorneys' <br />fees, costs and penalties incurred as a result thereof except any release caused by the negligence of City, its <br />employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material <br />defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or <br />radioactive substance, or other similar term by any federal, state or local environmental law, regulation or <br />rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from <br />time to time; and it shall be interpreted to include, but not be limited to, any substance which after release <br />into the environment will or may reasonably be anticipated to cause sickness, death or disease. <br />13. MISCELLANEOUS <br />Force Majeure - Unavoidable Delays <br />25H-27