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AgdaPkt 2008-09-08
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AgdaPkt 2008-09-08
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Last modified
9/9/2008 1:08:15 PM
Creation date
9/4/2008 3:01:29 PM
Metadata
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Closed
Agency Type
City Council
Date
9/8/2008
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<br />6.1C <br />Page 22 <br /> <br />ATTACHMENT 1 <br /> <br />30.2 Misrepresentations. Any statements submitted to Licensor in the Licensee's <br />Application for Courthouse Square Concession Space ("Application") and this <br />License Agreement by Licensee are considered inducements to execute this <br />License. Misrepresentations by licensee shall entitle Licensor to terminate this <br />license. <br /> <br />30.3 Entire Aareement. This Agreement contains all the terms, covenants, conditions <br />and agreements between Licensor and Licensee relating in any manner to the <br />license, use and occupancy of the premises. No prior or other agreement or <br />understanding pertaining to the same shall be valid or of any force and effect; <br />and the terms, covenants and conditions of this Agreement cannot be altered, <br />changed, modified or added to, except in writing signed by Licensor and <br />Licensee. <br /> <br />30.4 Captions. Definitions and Severabilitv. The captions of the sections and <br />subsections of this Agreement are for convenience and easy reference only and <br />shall not be considered or referred to in resolving questions of construction. <br />Whenever in this Agreement any words of obligation or duty are used, such <br />words shall have the same force and effect as though made in the form of <br />covenants. All of the covenants and agreements herein contained are <br />conditions, and the strict and prompt perfonnance of each shall be conditions <br />precedents to the right or to have this Agreement continue in effect. Should any <br />provision of this Agreement be adjudged to be invalid, void or illegal, such <br />adjudication shall 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 this Agreement notwithstanding the omission of the portion <br />or portions adjudged invalid, void or illegal. <br /> <br />30.5 Relationship of the Parties. Nothing contained in this Agreement shall be <br />deemed or construed by the parties hereto, or by a third person, 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 relationship between Licensor and <br />Licensee other than the relation of Licensor and Licensee. <br /> <br />30.6 Time. Time is of the essence with respect to the performance of every provision <br />of this Agreement in which time of performance is a factor. <br /> <br />30.7 Notice. Any notice, request, demand, approval or consent given or required to <br />be given under this Agreement shall be in writing and shall be deemed to have <br />been given when mailed by United States registered or certified mail, postage <br />prepaid, return receipt requested, to the Licensor or Licensee, as the case may <br />be, at the respective addresses stated below or to the last changed address <br /> <br />Atty/Agrl2008.049 20 <br />090208 <br />
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