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6.1 B <br /> Page 36 <br /> proceeding or appeaf, such costs, expenses, and attorney's fees (including the <br /> reasonabie value of in-house counsel services) shali be de#ermined by the court <br /> or arbitration panel handling the proceeding and shaEl be included in and as part <br /> of such judgment. <br /> 17.2 Misrepresentations. Any statements submifted to Licensor in the Licensee's <br /> Appfication for Courthouse Square Vendor Space ("Application")and this License <br /> Agreement by �icensee are considered inducements ta execute this License. <br /> Misrepresenfia#ions by Licensee shali entitle Licensor to terminate this License. <br /> 37.3 Enfiire Agreement. This Agreement contains all the terrrzs, covenants, conditions <br /> and agreements between Licensor and Licensee refating in any manner to fhe <br /> license, use and occupancy of the premises. No prior or other agreement or <br /> understanding pertaining to fhe same shalf be valid ar of any force and effect; <br /> and the terms, covenants and conditions of this Agreement cannot be aEtered, <br /> changed, modified or added to, except in writing signed by Licensor and <br /> Licensee. <br /> 17.4 Captions, Definitions and 5everabilitx. The captions of the sections and <br /> subsections of�his Agreement are for convenience and easy reference aniy and <br /> shail not be considered or referred fo in resolving questions of construction. <br /> Whenever in this Agreement any words of obligation ar duty are used, such <br /> words shail have the same force and effect as though made in the form of <br /> covenants. Alf of the covenants and agreements herein contained are <br /> conditi4ns, and the strict and prompt performance of each shall be conditions <br /> precedents to the right or to have this Agreement continue in effect. Should any <br /> provision of this Agreernent be adjudged to be invalid, void or ilfegal, such <br /> adjudication shal! in no way effect, impair or invalidate any other provisions <br /> hereof, the parties hereto agreeing that they would have entered into the <br /> remaining portion-of#his Agreement notwithsfanding the amission of the portion <br /> or portions adjudged invalid; void or iEfegal. <br /> 17.5 Relatianship of the Parties. Nothing contained in fhis Agreement shal! be <br /> deemed or construed by fihe parties hereta, or by a third persan, to create the <br /> relationship of principal and agent, or of partnership, or of joint venture, or of <br /> trustee and beneficiary, or of any association between Licensor and Licensee, <br /> and neither any provisions contained in this License nor any acts of the parties <br /> hereto, shall be deemed to create any reiati4nship between Licensor and <br /> Licensee other than the relation ofi Licensor and l.icensee. <br /> 17.6 Time. Time is of the essence with respect to the performance o#every provision <br /> of this Agreement in which time of performance is a factor. <br /> 'i7.7 Applicable Law. This Agreement shall be consfrued in accordance with the laws <br /> of the State of Cafifornia. <br /> 17.8 Notice. Any notice, request, demand, approval or consent given or required to <br /> be given under this Agreement shall be in writing and shafl be deemed to have <br /> beer► given when mailed by United States registered or cer#ified maii, postage <br /> prepaid, return receipt requested, to the Licensor or Licensee, as the case may <br /> be, at the respecfive addresses stated befow or to the last changed address <br /> � ATTY/AGRl2007.068 � <br /> 09407 <br />