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6.C. - Page 24 of 28 <br />payable during the term. On demand by City, Licensee shall furnish City with <br />satisfactory evidence of these payments. <br />14.10. Tax Notice. City hereby provides notice pursuant to California <br />Revenue and Taxation Code Section 107.6, and Licensee acknowledges that this <br />Agreement may create a possessory interest and Licensee may be subject to <br />property taxes levied on such interest, as described in California Revenue and <br />Taxation Code Section 107.6. Licensee shall pay directly to the appropriate <br />authority, when due, all real and personal property taxes, fees, and assessments, <br />assessed against the area licensed and the Equipment. <br />14.11. "As Is" Condition of Municipal Facilities. Municipal Facilities <br />licensed to Licensee pursuant to this MLA are licensed to and accepted by Licensee <br />"as is" and with all faults. The City makes no representation or warranty of any <br />kind as to the present or future condition of or suitability of the Municipal Facilities <br />for Licensee's use and disclaims any and all warranties express or implied with <br />respect to the physical, structural, or environmental condition of the Municipal <br />Facilities and the merchantability or fitness for a particular purpose. Licensee is <br />solely responsible for investigation and determination of the condition and <br />suitability of any Municipal Facility for Licensee's intended use. <br />14.12. Representations and Warranties. Each of the Parties represents <br />and warrants that it has the full right, power, legal capacity, and authority to enter <br />into and perform its obligations hereunder and that those obligations will be binding <br />upon that Parry without the approval or consent of any other person or entity. <br />Licensee represents that it has a franchise or other authorization to use the Public <br />Ways for purposes contemplated in this MLA. City represents that City owns all <br />Municipal Facilities to be used by Licensee pursuant to this MLA. <br />14.13. Amendment of Agreement. This MLA may be amended only by a <br />written instrument signed by both Parties. <br />14.14. Entire Agreement. This MLA contains the entire understanding <br />between the Parties with respect to its subject matter. There are no representations, <br />agreements, or understandings (whether oral or written) between or among the <br />Parties relating to the subject matter of this MLA that are not fully expressed herein. <br />14.15. Non -Exclusive Remedies. No provision in this Agreement made <br />for the purpose of securing enforcement of the terms and conditions of this <br />Agreement shall be deemed an exclusive remedy or to afford the exclusive <br />procedure for the enforcement of said terms and conditions, but the remedies herein <br />provided are deemed to be cumulative. <br />14.16. No Third -Party Beneficiaries. It is not intended by any of the <br />provisions of this Agreement to create for the public, or any member thereof, a <br />third -party beneficiary right or remedy, or to authorize anyone to maintain a suit <br />for personal injuries or property damage pursuant to the provisions of this <br />REV: 12-15-2020 PR <br />ATTY/AGR.2020.296/Master License Agreement (Page 20 of 24) <br />117 <br />