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10. ENTIRE AGREEMENT <br />This License supersedes any and all other agreements either oral or in writing <br />between the parties hereto with respect to the terms set forth in this License and contains <br />all the covenants and agreements between the parties with respect thereto. Each party to <br />this License acknowledges that no representation, inducements, promises or agreements, <br />orally or otherwise, have been made by any party, or anyone acting on behalf of any <br />party, with respect to such services, which are not embodied herein, and that no <br />amendment hereto shall be effective unless set forth in writing, approved by the Licensor <br />and Licensee. <br />11. BINDING EFFECT <br />The covenants contained herein shall be construed to run with the land, and as <br />such, this License shall inure to the benefit of and be binding upon the successors, <br />representatives and assigns of the parties hereto; provided however, no assignment hereof <br />by Licensee shall be binding upon Licensor without the prior written consent of Licensor <br />in each instance, and at the option of Licensor, this License shall be forfeited by any such <br />voluntary assignment or by any assignment thereof by operation of law. <br />12. INDEPENDENT CONTRACTOR <br />It is understood and agreed that Licensee, in the performance of this License, will <br />be acting in a wholly independent capacity and not as agents, employees, partners, or <br />joint ventures of the Licensor. This License does not create a tenancy of any nature <br />whatsoever between the Licensor and Licensee. <br />The parties have executed this personal, non - exclusive, revocable License <br />Agreement as of the date and year first written above. <br />ATTEST: <br />Patricia E. Healy <br />Clerk of the Council <br />CITY OF SANTA ANA <br />(signatures continued on following page) <br />Page 5 of 5 <br />