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6.1 C
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<br /> Licensor fram any claims for reloca#ion benefits or assistance upon t�rmination of
<br /> any current or future license agreement under federal, sta#e, or focal relocation
<br /> Iaw.
<br /> 96. iNDEMNIFtCAT14N
<br /> 16.1 Licensee sha[I protect, defend, indemnify and hold harmless the Licensor, its
<br /> respective Councii members, officers, ernployees, volunteers, contractors and
<br /> agents from any and all actions, causes of action, claims, losses, expenses
<br /> {including reasonable attorney's fees and costs}, or liability or claims for
<br /> damages on account of damage of property or injury to or death of persons,
<br /> including �icensee or Licensee's employees, patrons, agents, customers,
<br /> business invitees andlor any other persons, or damage to property of any kind
<br /> u►hatsaever and to whorr�soever befonging, includ�ng Licensee ar Licensee's
<br /> employees and pa#rons, agents, customers, business invitees andlor any other
<br /> persons, from any cause resufting from the operations of 1.icensee, andlor use of
<br /> any City area by �icensee or Licensee's employees, patrons, agents, customers,
<br /> business invi#ees and/or any other persons, except where caused by Licensor's
<br /> active negligence, sole negligence or wiflful misconduct.
<br /> '!7. NIt�CE�LANEOUS �
<br /> 17.1 Expenses of Enforcement. If there are any legal or arbitration proceedings
<br /> between �icensor and Licensee to enforce any provision of this Agreement or to
<br /> pro#ect or establish any right or remedy af either�icensar or Licensee hereunder,
<br /> the unsuccessfu� party sha[! pay to the prevailing pa�y a!f reasonable and
<br /> eustomary costs and expenses, including reasanable attorn�y's fees (including,
<br /> without limitation, the reasonable value of any in-house counsel services}
<br /> incurred by s�ch prevailing party in such proceeding and in any appeal in
<br /> connection therewith. �t such pre�ailing pa�ty reca�ers a judgment in any such
<br /> proceeding or appeal, such costs, expenses, and attorney's fees {including the
<br /> reasonable vaiue of in-house counse! services} shall be determined by #he court
<br /> or arbitration pane� handling the proceeding and shall be inciuded in and as par�
<br /> of such judgment.
<br /> 17.2 Misrepresentations. Any statements submitted to Licensor in the Licensee's
<br /> Application for Gourthouse Square Vendor Space �"Application"}and this License
<br /> Agreement by Licensee are considered inducements to execute this License.
<br /> Misrepresentations by Licensee shalf entitle �icensor to terminate this L.icense.
<br /> 17.3 Entire A reement. This Agreement contains a1f the #erms, 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 /> unders#anding pe�taining fo the same shalC be vaiid or of any force and effect;
<br /> and the terms, covenants and condi�ions of this Agreement cannot be aftered,
<br /> changed, modifed or added to, excep# in writing signed by Licensor and
<br /> Licensee.
<br /> �7.4 Captions, Defi�i��ons and Severabil�ty. The captions of the sections and
<br /> subsections of tnis Agreement are for con�enience and easy reference only and
<br /> shall not be considered or referred #o in resolving questions of construction.
<br /> Whenever in this Agreement any words of obligatian or duty are used, such
<br /> words shall have the same force and effect as though made in the form of
<br /> ATTYIAGR/2Q09.025
<br /> 0616t�9
<br /> initzals Page 7
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