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6.1.F. - Page 8
<br />10. As Is Condition of License Area; Disclaimer of Representations. LICENSEE
<br />accepts the License Area 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 License Area. Without limiting the foregoing, this License
<br />is made subject to any and all existing and future covenants, conditions, restrictions,
<br />easements, encumbrances and other title matters affecting the License Area, whether foreseen
<br />or unforeseen, if such matters are of record or would be disclosed by an accurate inspection or
<br />survey.
<br />11. No Assignment. This License Agreement is personal to LICENSEE and shall not be
<br />assigned, conveyed or otherwise transferred by LICENSEE under any circumstances. Any
<br />attempt to assign, convey or otherwise transfer this License shall be null and void and cause the
<br />immediate termination and revocation of this License.
<br />12. 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 />13. 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 License Area by reason of any action or inaction by LICENSEE. If any Liens of
<br />any type are filed against the License Area 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 California Civil Code Section 8424, 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 />14. Compliance with Laws. LICENSEE shall, at its expense, conduct and cause to be
<br />conducted all activities on the License Area allowed hereunder in a safe and reasonable
<br />manner and in compliance with all Laws of any governmental or other regulatory entity
<br />(including, without limitation, the Americans with Disabilities Act) and all covenants, restrictions
<br />and provisions of record, whether presently in effect or subsequently adopted and whether or
<br />not in the contemplation of the parties ("Laws"). LICENSEE shall, at its sole expense, procure
<br />and maintain in force at all times during its use of the License Area any and all business and
<br />other licenses or approvals necessary to conduct the activities allowed hereunder. LICENSEE
<br />understands and agrees that CITY is entering into this License in its capacity as a property
<br />owner with a proprietary interest in the License Area and not as a regulatory agency with police
<br />powers. LICENSEE further understands and agrees that no approval by CITY for purposes of
<br />this Agreement shall be deemed to constitute approval of any federal, state, CITY or other local
<br />regulatory authority with jurisdiction, and nothing herein shall limit LICENSEE's obligation to
<br />obtain all such regulatory approvals at LICENSEE's sole cost, or limit in any way CITY's
<br />exercise of its police powers.
<br />REV: 09-27-17 PR
<br />Page 6 of 11
<br />ATTY/AGR.2017.227/Devcon Construction Inc.
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