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12. As Is Condition of City Property; Disclaimer of Representations. LICENSEE
<br /> accepts the City Property in its "AS IS" condition, without representation or warranty of any kind
<br /> by CITY, its officers, agents or employees, and subject to all applicable laws, rules and
<br /> ordinances governing the use of the City Property. Without limiting the foregoing , this License is
<br /> made subject to any and all existing and future covenants, conditions , restrictions, easements,
<br /> encumbrances and other title matters affecting the City Property, whether foreseen or
<br /> unforeseen, and whether such matters are of record or would be disclosed by an accurate
<br /> inspection or survey.
<br /> 13. No Assignment. This Use Agreement and License is personal to LICENSEE and shall
<br /> not be assigned, conveyed or otherwise transferred by LICENSEE under any circumstances.
<br /> Any attempt to assign, convey or otherwise transfer this License shall be null and void and
<br /> cause the immediate termination and revocation of this License.
<br /> 14. Covenant Not to Discriminate. In the performance of its activities pursuant to this
<br /> License, LICENSEE agrees not to discriminate against any employee, any CITY employee
<br /> working with LICENSEE , or applicant for employment with LICENSEE , or against any person
<br /> seeking accommodations, advantages, facilities, privileges, services, or membership in all
<br /> business, social , or other establishments or organizations, on the basis of the fact or perception
<br /> of a person's perceived race, religious creed, color, national origin, ancestry, physical disability,
<br /> mental disability, medical condition (cancer-related or genetic characteristics) , marital or
<br /> domestic partner status, gender and/or gender identity, age (40 or over), or sexual orientation
<br /> (including heterosexuality, homosexuality, and bisexuality) .
<br /> 15. Liens. LICENSEE shall not permit any liens of any type, including but not limited
<br /> to mechanic's or material men's liens, stop notices or other liens (collectively, "Liens") to be
<br /> filed against the City Property by reason of any action or inaction by LICENSEE . If any Liens of
<br /> any type are filed against the City Property during the term of this Agreement as a result,
<br /> directly or indirectly, of any action or inaction by LICENSEE, LICENSEE shall cause the same to
<br /> be discharged of record , by payment of the claim , by posting and recording the bond
<br /> contemplated by the California Civil Code Section 3143, or by other action acceptable to CITY,
<br /> within 20 days after demand by CITY. LICENSEE shall indemnify, hold harmless, and defend
<br /> CITY and CITY Indemnified Parties from and against any and all claims relating to such Liens.
<br /> ATTY/AGR/2016.240/BOARDWALK AUTO DEALERS
<br /> REV: 08-29-16 RL
<br /> Page 6 of 13
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