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25E - AGMT - RIGHT OF ENTRY
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25E - AGMT - RIGHT OF ENTRY
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Last modified
11/26/2014 3:36:44 PM
Creation date
11/26/2014 3:32:07 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25E
Date
12/2/2014
Destruction Year
2019
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services, materials, equipment or supplies by any persons, nuns, corporations or other entities in <br />connection with this License Agreement or Licensee's operations. <br />Without limiting the generality of the foregoing, Licensee agrees that City shall not be <br />liable for any injury to Licensee's business or any loss of income therefrom, or for damage to the <br />goods, wares, merchandise, improvements or other property of Licensee, Licensee's officers, <br />agents, employees, contractors, invitees, or customers, or any other person in, on or about the <br />Premises, or personal injury or death of Licensee, its officers, agents, employees, contractors <br />invitees, and customers. <br />Notwithstanding the foregoing, Licensee shall not be required to defend, indemnify or <br />hold harmless City for any Claims arising from the gross negligence or wrongful conduct of <br />City. <br />21, INDEPENDENT CONTRACTOR <br />It is understood and agreed that Licensee, in the performance of this License Agreement, <br />will be acting in a wholly independent capacity and not as agents, employees; partners, or joint <br />ventures of the City. This Agreement does not create a tenancy of any nature whatsoever <br />between the City and Licensee. <br />22, TERMINATION <br />In the event Licensee hereto fails to, or refuses to, perform any of the provisions hereof at <br />the time and in the manner required hereunder, Licensee shall be deemed in default in the <br />performance of its obligations under this License Agreement. If such default is a monetary <br />default which is not cured within a period of three (3) business days after receipt of written <br />notice of default from the City to Licensee, specifying the nature of such default and the steps <br />necessary to cure such default, the City may terminate this License Agreement forthwith by <br />giving to the defaulting party written notice thereof. If such default is a non - monetary default <br />which is not cured within ten (10) business days after written notice of default from City to <br />Licensee, specifying the nature of such default and the steps necessary to cure such default, the <br />Executive Director may suspend, terminate, or revoke this License Agreement forthwith by <br />giving to the defaulting party written notice thereof. <br />10 <br />25E -16 <br />
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