Agmt16 City and County of San Francisco - Public Utilities Commission Linden Park

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(h) If Licensee has any questions about the applicability of Chapter 12T, it may contact City's Real Estate Division for additional information. City's Real Estate Division may consult with the Director of City's Office of Contract Administration who may also grant a waiver, as set forth in Section 12T.8. 42. Bottled Drinking Water. Unless exempt, Licensee shall comply fully with and be bound by all of the provisions of the San Francisco Bottled Water Ordinance, as set forth in San Francisco Environment Code Chapter 24, including the administrative fines, remedies, and implementing regulations provided therein, as the same may be amended from time to time. The provisions of Chapter 24 are incorporated into this License by this reference and made a part of the License as though fully set forth. 43. Sugar -Sweetened Beverage Prohibition. Licensee agrees that it will not sell, provide, or otherwise distribute Sugar -Sweetened Beverages, as defined by San Francisco Administrative Code Chapter 101, as part of its performance of this Agreement. 44. General Provisions. (a) This License may be amended or modified only by a writing signed by City and Licensee. (b) No waiver by any party of any of the provisions of this License shall be effective unless in writing and signed by an officer or other authorized representative, and only to the extent expressly provided in such written waiver. No waiver shall be deemed a subsequent or continuing waiver of the same, or any other, provision of this License. (c) Except as expressly provided to the contrary, all approvals, consents, and determinations to be made by City under this License may be made at City's sole and absolute discretion. (d) This instrument (including its attached exhibit(s)) contains the entire agreement between the parties and all prior written or oral negotiations, discussions, understandings, and agreements are merged herein. (e) The section and other headings of this License are for convenience of reference only and shall be disregarded in the interpretation of this License. (f) Time is of the essence in all matters relating to this License. (g) This License shall be governed by California law and City's Charter. (h) If either party commences an action against the other or a dispute arises under this License, the prevailing party shall be entitled to recover from the other reasonable attorneys' fees and costs. For purposes of this License and the indemnifications set forth in this License, reasonable attorneys' fees of City shall be based on the fees regularly charged by private attorneys in San Francisco with comparable experience notwithstanding City's use of its own attorneys. (i) If Licensee consists of more than one person then the obligations of each person shall be joint and several. (j) Licensee may not record this License or any memorandum of this License. (k) Subject to the prohibition against assignments or other transfers by Licensee hereunder, this License shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives, successors, and assigns. (t) Any sale or conveyance of the property burdened by this License by City shall automatically revoke this License. (m) Notwithstanding anything to the contrary contained in this License, Licensee acknowledges and agrees that no officer or employee of City has authority to commit City to this License unless and until a resolution of SFPUC shall have been duly adopted approving this License and authorizing the transaction contemplated by this License. Therefore, any obligations or liabilities of City pursuant to or under this License are contingent upon enactment of such a resolution, and this License shall be null and void if, at its sole discretion, SFPUC does not approve this License. (n) Each of the persons executing this License on Licensee's behalf do hereby covenant and warrant that Licensee is a duly authorized and existing entity, that Licensee is qualified to do business in California, that Licensee has full right and authority to enter into this License, and that each and all of the persons signing on behalf of Licensee are authorized to do so. Upon City's request, Licensee shall provide City with evidence reasonably satisfactory to City confirming the foregoing representations and warranties. (o) This License may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together 'shall constitute one and the same instrument. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LICENSE, LICENSEE ACKNOWLEDGES AND AGREES THAT NO OFFICER OR EMPLOYEE OF CITY HAS AUTHORITY TO COMMIT CITY TO THIS LICENSE UNLESS AND UNTIL CITY'S PUBLIC UTILITIES COMMISSION SHALL HAVE DULY ADOPTED A RESOLUTION APPROVING THIS Ax iAG,ia'vaa,r1 NFn CISC PUBLIC InESCMM6Wox. Ren. es.Are stRnces 20 Rev May 2016 \\MK'fF('SUl\Vna\RLS\Anaysl Fol@NnminlRaJwoaJ Ci1NIV?U\I4}}.1. RemcaW Lkena - Reds ood Cny Linden I'ark S1 IATA rnsswns 6 I4.16+RSR mens G'U I61 Jxv