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DO NOT RECORD <br />Should any provision of this Agreement be held by a court of competentjurisdiction to be <br />either invalid, void, or unenforceable, the remaining provisions of this Agreement shall <br />remain in full force and effect unimpaired by the holding, so long as the reasonable <br />expectations of the parties hereto are not materially impaired. <br />Section 8.07 Waste or Nuisance <br />Licensee shall not commit or permit the connnission by others of any waste on tlue <br />License Area. Licensee shall not maintain, commit, or permit the maintenance or <br />commission of any nuisance as defined in Section 3479 and/or Section 3480 of the <br />California Civil Code on the Promises or License Area; and Licensee shall not use or <br />permit the use of tlue License Area for any unlawful purpose. <br />Section 8.08 Repairs <br />Licensee shall be required to make any repairs to the License Area occurring from <br />damages caused by Licensee, its employees, agents, contractors, and subcontractors. <br />Section 8.09 Time of Essence <br />Time is expressly declared to be of the essence in this Agreement. <br />Section 8.10 Governing Law <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 vonue 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 />Section 8.11 Survival <br />'terms and conditions of this Agreement which by their sense and context survive the <br />tormhuation or expiration of this Agreement, shall so survive. <br />Section 8,12 State of Emergency/Publie Necessity <br />Due to the fact that'fhe Depot has been designated a Homeland Security Evacuation <br />Center, 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 />11 <br />25H-15 <br />