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AgdaPkt 2018-11-05 Joint SA PFA
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AgdaPkt 2018-11-05 Joint SA PFA
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Last modified
11/7/2018 9:58:26 AM
Creation date
11/1/2018 8:30:38 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
11/5/2018
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6.G. - Page 7 of 11 <br />Veterans Code. CMD is not obligated to reimburse LICENSEE any fees should it <br />terminate this AGREEMENT before reaching its full term. <br />VIII. ENTIRE AGREEMENT <br />AGREEMENT, along with any exhibits attached hereto, constitutes the entire covenant <br />and understanding between CMD and LICENSEE for PREMISES. AGREEMENT <br />supersedes all prior and contemporaneous routine activity agreements, representations <br />or understandings, if any, whether oral or written. <br />IX. DURATION & RENEWAL <br />AGREEMENT shall remain in effect through the expiration date and may be renewed <br />subsequent to renegotiation required to protect the parties. <br />X. RIGHT TO ENTER <br />During continuance in force of AGREEMENT, there shall be, and is hereby expressly <br />reserved to CMD and to any of its contractors, agents, employees, representatives, or <br />LICENSEES, the right at any and all reasonable times, and any and all places to <br />temporarily enter upon said PREMISES for inspection or other lawful CMD purposes. <br />XI. HOLD HARMLESS IDEMNIFICATION <br />The PREMISES are provided in "AS -IS" and "WITH ALL FAULTS" condition, and <br />STATE and its employees, representatives and agents disclaim all warranties, <br />expressed or implied, regarding the PREMISES, including, but not limited to, all implied <br />warranties of merchantability or fitness for a particular purpose or compliance with <br />Applicable Law. LICENSEES acknowledges and agrees that STATE and its employees, <br />representatives and agents have made no representations or warranties for the <br />PREMISES, including, without limitation, any representations or warranties regarding, <br />(a) the condition or repair of the PREMISES, (b) whether such PREMISES are sufficient <br />for the purposes of LICENSEE, or (c) whether the PREMISES comply with Applicable <br />Laws (as defined below), including without limitation the Americans with Disabilities Act <br />(ADA) or other accessibility laws, (d) whether there are any facts or conditions affecting <br />the PREMISES that might, individually or in the aggregate, interfere with the use or <br />occupancy of the PREMISES or any portion thereof by LICENSEE. <br />The use of the PREMISES by LICENSEE shall be conclusive evidence that LICENSEE <br />accepts the same "AS IS and WITH ALL FAULTS" and that the PREMISES are suited <br />for the use intended by LICENSEE and are in good and satisfactory condition at the time <br />such possession was taken. <br />LICENSEE shall comply with all applicable statutes, laws, ordinances and rules and <br />regulations adopted by the Federal, State or any City, City and County, County or other <br />body politic, including without limitation all building codes, the ADA or other accessibility <br />laws ("Applicable Laws") and which pertains to use of the PREMISES or any provisions <br />of the License, and will indemnify, defend and hold STATE free and harmless from and <br />against any violations thereof and any and all liabilities, suits, causes of action, <br />judgments, demands and claims for damages, including all reasonable costs of any <br />litigation and attorney's fees and expenses, arising out or by reason of any such <br />violation. <br />REV: 10-26-18 DZ <br />ATTY/AGR.2018.251/California Military Department Page 4 of 7 <br />477 <br />
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