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6.G. -Page 31 of 31 <br />12.A waiver by either party of the performance of any covenant or condition herein shall <br />not invalidate this Permit nor shall the delay or forbearance by either party in <br />exercising any remedy or right be considered a waiver of, or an estoppel against, <br />the later exercise of such remedy or right. No waiver of any breach of any covenant <br />or provision of this Permit shall be deemed a waiver of any subsequent breach of <br />the same or any other covenant or provision hereof. No waiver shall be valid unless <br />in writing and executed by the waiving Party. <br />13. The rights granted hereby are personal to Applicant and may not be transferred or <br />assigned by operation of law or otherwise without the written consent of City. <br />Nothing in this Permit is intended to or shall confer upon any person other than the <br />Parties any rights or remedies hereunder. <br />14. Working hours are limited to normal operating business hours. Applicant shall be <br />solely responsible for providing all protective and safety measures necessary. <br />15. Applicant shall provide for safe movement of vehicular, bicycle, and pedestrian <br />traffic including persons with disabilities in accordance with the Americans with <br />Disabilities Act (ADA) through and around construction operations. <br />16. Final Decision; Appeal. The issuance of this permit shall constitute the final decision <br />of the Community Development and Transportation Department. If Applicant <br />wishes to dispute any condition of approval listed in this Permit, it has fifteen (15) <br />days from the date of permit issuance to file an appeal to the City Manager or <br />designee, which may be a hearing officer. The appeal shall be heard as soon as <br />feasible and informally conducted. <br />ATTY/DOCS-PERMITS/2020.001/OUTDOOR DINNING APPLICATION <br />REV: 06-15-2020 PR <br />Application Page 9 of 9 <br />187 <br />