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AgdaPkt 2020-08-10 Special Joint SA PFA
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AgdaPkt 2020-08-10 Special Joint SA PFA
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Last modified
10/1/2020 9:16:50 AM
Creation date
8/6/2020 4:29:57 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Special
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
8/10/2020
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6.B. - Page 7 of 9 <br />II <br />REV: 08-05-2020 SK <br />activities of the parties shall be governed by the applicable provisions of the Military and <br />Veterans Code. CMD is not obligated to reimburse LICENSEE any fees should it <br />terminate this AGREEMENT before reaching its full term. <br />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 />411:7_1IIQkiUsti 41!1=1Ti%1I <br />AGREEMENT shall remain in effect through the expiration date and may be renewed <br />subsequent to renegotiation required to protect the parties. <br />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 />HOLD HARMLESS IDEMNIFICATION <br />The PREMISES are provided in "AS -IS" and "WITH ALL FAULTS" condition, and STATE <br />and its employees, representatives and agents disclaim all warranties, expressed or <br />implied, regarding the PREMISES, including, but not limited to, all implied warranties of <br />merchantability or fitness for a particular purpose or compliance with Applicable Law. <br />LICENSEES acknowledges and agrees that STATE and its employees, representatives <br />and agents have made no representations or warranties for the PREMISES, including, <br />without limitation, any representations or warranties regarding, (a) the condition or repair <br />of the PREMISES, (b) whether such PREMISES are sufficient for the purposes of <br />LICENSEE, or (c) whether the PREMISES comply with Applicable Laws (as defined <br />below), including without limitation the Americans with Disabilities Act (ADA) or other <br />accessibility laws, (d) whether there are any facts or conditions affecting the PREMISES <br />that might, individually or in the aggregate, interfere with the use or occupancy of the <br />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 for <br />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, judgments, <br />demands and claims for damages, including all reasonable costs of any litigation and <br />attorney's fees and expenses, arising out or by reason of any such violation. <br />40 <br />ATTY/AGR.2020.134/State of California - Military Department (Page 4 of 6) <br />
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