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AgdaPkt 2009-05-18
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AgdaPkt 2009-05-18
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Last modified
6/17/2009 9:30:58 AM
Creation date
5/14/2009 4:02:00 PM
Metadata
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Special
Agency Type
City Council and Redevelopment Agency
Date
5/18/2009
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<br />~~w~.~.,._~.~."...._.._ -' <br /> <br />6.1H <br />Page 21 <br /> <br />ATTACHMENT 1 <br /> <br />costs and expenses of operation and collection, including reasonable <br />attorney fees, upon any secured indebtedness, and in any order as <br />Licensor may detennine. <br /> <br />G. In the event that Licensor should take any act to maintain or preserve the <br />Premises on Licensee's behalf, or seek the appointment of a receiver to <br />protect Licensor's interests under this Agreement, such acts shall not <br />constitute a termination of Licensee's right of possession unless Licensee <br />receives written notice from Licensor to regarding Licensor's election to <br />terminate. <br /> <br />27. COVENANTS AND CONDITIONS <br />27.1 All covenants made by Licensee hereby are conditions of this Agreement; <br />therefore, in the event of any default by Licensee in fulfilling any of the same, . <br />Licensor may at any time thereafter at its option declare a forfeiture of this <br />Agreement. Licensor shall not be obligated to perform any covenant made by <br />him under this Agreement which accrues after the date of any default by <br />Licensee hereunder. <br /> <br />28. LICENSEE'S BROKER COMMISSION <br />28.1 In the event a license is executed between Licensor and Licensee as to the <br />Premises, Licensor is not responsible for payment of any commission to any <br />person. Any payment of a commission is the sole responsibility of Licensee. <br /> <br />29. BUSINESS LICENSE <br />29.1 Prior to the opening date, Licensee must obtain a valid Redwood City Business <br />License for the assigned Licensed Area at Redwood Shores Branch Library. <br /> <br />30. MISCELLANEOUS <br />30.1 Exoenses of Enforcement. If there are any legal or arbitration proceedings <br />between Licensor and Licensee to enforce any provision of this Agreement or to <br />protect or establish any right or remedy of either licensor or Licensee hereunder, <br />the unsuccessful party shall pay to the prevailing party all reasonable and <br />customary costs and expenses, including reasonable attorney's fees (including, <br />without limitation, the reasonable value of any in-house counsel services) <br />incurred by such prevailing party in such proceeding and in any appeal in <br />connection therewith. If such prevailing party recovers a judgment in any such <br />proceeding or appeal, such .costs, expenses, and attorney's fees (including the <br />reasonable value of in-house counsel services) shall be determined by the court <br />or arbitration panel handling the proceeding and shall be included in and as part <br />of such judgment. <br /> <br />30.2 Misrer;>resentations. 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 /> <br />~~~12009.049 19 <br />
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