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or occupancy of the Property or the storage and use of said equipment. 11. Venue. Permittee agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Permit is San Mateo County, California. 12. Assianment and Nontransferabilitv. Permittee understands and acknowledges that assignment, sublicensing or transfer of this Permit is absolutely prohibited without the written consent of City, and any attempt to do so without City's written consent may result in a revocation of the Permit at the will of City. City may grant permission to Permittee to allow the Facilities to be used by another entity or organization. Such use is contingent, in part, upon said sub-user indemnifying and insuring City in the same manner and amount that Permittee has indemnified and insured City under this Permit. City, its Council, Boards, Commissions, agents, officers, volunteers and employees shall be named as additional insureds. Any insurance policy maintained by a sub-user will be in addition to, and shall not replace, any insurance required of Permittee. 13. Exclusive Use. Limitations. Permittee shall have the exclusive use of the Facilities from January 1, 2005 to December 31, 2005, with the exception of use between June 6, 2005 and September 2, 2005, due to City's summer swim programs. City reserves the right for final decisions on time of use during that period and will be discussed and finalized with Permittee at an agreed upon date. Additionally, City must have use of the Facilities for its annual lifeguard training classes on consecutive weekends in March and April. City reserves the right for final decisions on time of use during that period and will be discussed and finalized with Permittee at an agreed upon date. City agrees not to run competing masters swim program or triathlon program for kids or adults in Redwood City during the term of this Agreement. 14. Revocation of Permit. Permittee understands and agrees that this Permit may be revoked at any time for Permittee's failure to maintain the Property as required under this Permit or; for failure of Permittee to comply with any of the other terms and conditions hereof, notwithstanding any investment of Permittee in improving the Property for its use. The determination of Permit revocation shall be within the sole discretion of City and shall be in addition to the right to terminate without cause pursuant to the provisions of paragraph 2 hereof. If this Permit is revoked by City under this Section 16, the revocation shall be no earlier than forty-eight (48) hours from the date and time of delivery of the notice of revocation and Permittee shall remove all of the vehicles and improvements from the Property by that time or City may remove them and charge Permittee for the cost of removal or storage pursuant to Section 8 of this Permit. Atty/PermitslPermit.012 021405 4 ........----.. -.. r" -..