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6.1 C <br /> Page 40 <br /> and unlaading areas, trash areas, ramps, platforms, public restrooms, <br /> landscaped areas and common walkways and sidewafks necessary for access to <br /> the Courfihouse Square and the Courthouse building. <br /> 7.2 Rules and Requi�tions — Chapt�r 33 Ordinance. Licensor reserves the r�ght t� <br /> exercise controi and management of the common areas and may esfiablish, <br /> modify, change and enforce such reasonab�e ru[es and regufations (as specified <br /> in Exhibit "C", Draft Chapter 33A Ar#ic[e 4 Cour�house Square, attached <br /> hereto and incorporated herein) as Licensor deems desirabie for the <br /> management of the pa�ilions and the remaining areas of Courthouse Square. <br /> Upon City Council approvaE of a#inalized version af Exhibit"C", the Licensor wili replace <br /> and L�cer�see shall agree to the replacemer�t of Exhibit "C" with the #inal approved <br /> mur�cipal ordinance Licensee agrees to abide by and con�orm tc such reasonable <br /> rufES and reguiatians and shall be respa��sible for the cot��fianc� w��� same by <br /> its emplayees, agents, customers and invitees. The failure of Licensor#o enforce <br /> any such reasonable rules and regulations against Licensee or any other <br /> vendors shaf� not be deemed to be a waiver of same. Licensee's failure #o keep <br /> and observe said reasonable rules and regulativns shaff consfiitute a breach of <br /> the terms of this Agreement in the same manner as if the rules and regula#ions <br /> were contained herein as License Agreement cavenants. <br /> 7.3 Courthouse Square Closure. Licensor shall have the right to close all or any <br /> portion of the common areas at such times and for such periods as may, in the <br /> opinion of the �icensor, be necessary to preserve Courthouse Square as a public <br /> plaza, or ta prewent th� accrual of any rights in any person; and �icensor may <br /> afso close said common areas fior purposes af maintenance and repair services <br /> as may be required, <br /> 8. TAXES <br /> 8.1 Licensee shall pay its assessed Possessory In#erest Tax to San Mateo Counfiy <br /> on an annual basis. The Licensor is not responsible for determining how fhis <br /> possessory interest is ca(culated by San Mateo County. <br /> 9. SECURITY MEASURES <br /> 9.� Licensee hereby acknowledges tnat fhe license fee payable to City hereunder <br /> does no� include the cost of guard service ar other security measures, and that <br /> Ci#y shall have no ob[igation whatsoe�er to pro�ide same. Licensee assumes alI <br /> responsibility for the protection of Licensee, its agents and in�itees from ac#s of <br /> third parties, and sha11 indemnify, defend, and hold harmless Licensor for claims <br /> related to failure to provide secur'r#y. Any provision of security services provided <br /> by Licensor shall not constitute acceptance of liability for acts on the Premises. <br /> 10. ASSIGNMENT <br /> 10.1 Licenso�'s Consent Required. Licensee may not assign its rights under the <br /> License, nor any interest therein, and shall nof encumber the Premises or any <br /> part thereof, nor any right or privilege appu�enant thereto, nor allow or permit <br /> any other persants) to occupy or use the Premises, or any portion tnereof, <br /> without Licensor's prior written approval, which shall be in the soJe discre#ion of <br /> Licensor. Consent by Licensor to one assignmen�, occupation or use by another <br /> person shall not be deemed to be consent fio any subsequen# assignment, <br /> occupation or use by another persan. No assignment or encumbrance by <br /> ATTYlAGR12009.025 <br /> 0&1609 <br /> _ �It�.tials �'ag� 5 <br />