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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: 09-2747 PR
<br /> Page 6 of 11
<br /> ATTY/AGR.2017.227/Devcon Construction Inc.
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