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6.C. - Page 23 of 28
<br />entered into this MLA, and each of its provisions, regardless of whether any one or
<br />more provisions may be declared illegal, invalid, or unconstitutional.
<br />14.4. Contacting Licensee. Licensee will be available to the employees
<br />of any City department having jurisdiction over Licensee's activities 24 hours a
<br />day, seven days a week, regarding problems or complaints resulting from the
<br />attachment, installation, operation, maintenance, or removal of the Equipment. City
<br />may contact by telephone the Licensee at telephone number
<br />regarding these problems or complaints.
<br />14.5. Governing Law; Jurisdiction. This MLA will be governed and
<br />construed by and in accordance with the laws of the State of California, without
<br />reference to its conflicts of law principles. If suit is brought by a Party to this MLA,
<br />the Parties agree that trial of that action will be vested exclusively in the state courts
<br />of California, County of San Mateo, or in the United States District Court for the
<br />Northern District of California.
<br />14.6. Covenant Not to Discriminate. In the performance of its activities
<br />pursuant to this License, Licensee agrees not to discriminate against any employee,
<br />any City employee working with Licensee, or applicant for employment with
<br />Licensee, or against any person seeking accommodations, advantages, facilities,
<br />privileges, services, or membership in all business, social, or other establishments
<br />or organizations, on the basis of the fact or perception of a person's perceived race,
<br />religious creed, color, national origin, ancestry, physical disability, mental
<br />disability, medical condition (cancer -related or genetic characteristics), marital or
<br />domestic partner status, gender and/or gender identity, age (40 or over), or sexual
<br />orientation (including heterosexuality, homosexuality, and bisexuality).
<br />14.7. Force Majeure. Except for payment of amounts due, neither Party
<br />shall have any liability for its delays or its failure of performance due to: fire,
<br />explosion, pest damage, power failures, strikes or labor disputes, acts of God, the
<br />elements, war, civil disturbances, acts of civil or military authorities or the public
<br />enemy, inability to secure raw materials, transportation facilities, fuel or energy
<br />shortages, or other causes reasonably beyond its control, whether or not similar to
<br />the foregoing.
<br />14.8. Attorney's Fees. Should any dispute arising out of this Agreement
<br />lead to litigation, the prevailing party shall be entitled to recover its costs of suit,
<br />including (without limitation) reasonable attorneys' fees.
<br />14.9. Taxes. Licensee shall pay before delinquency all possessory interest
<br />taxes, assessments, license fees, and other charges that are levied and assessed
<br />against Licensee for the interest granted to it hereunder. On demand by City,
<br />Licensee shall furnish City with satisfactory evidence of these payments. Licensee
<br />shall pay before delinquency all federal, state or local taxes, assessments, license
<br />fees, and other charges that are levied and assessed against Licensee's personal
<br />property installed or located in or on the Municipal Facility, and that become
<br />REV: 12-15-2020 PR
<br />ATTY/AGR.2020.296/Master License Agreement (Page 19 of 24)
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