ATHENS SERVICES-2012 - Laserfiche WebLink

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