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REV: 10-28-2021 SK
<br />14.5.Governing Law; Jurisdiction. This MLA will be governed and
<br />construed by and in accordance with the laws of the State of California, without
<br />reference to its conflicts of law principles. If suit is brought by a Party to this MLA,
<br />the Parties agree that trial of that action will be vested exclusively in the state courts
<br />of California, County of San Mateo, or in the United States District Court for the
<br />Northern District of California.
<br />14.6.Covenant Not to Discriminate. In the performance of its activities
<br />pursuant to this License, Licensee agrees not to discriminate against any employee,
<br />any City employee working with Licensee, or applicant for employment with
<br />Licensee, or against any person seeking accommodations, advantages, facilities,
<br />privileges, services, or membership in all business, social, or other establishments
<br />or organizations, on the basis of the fact or perception of a person’s perceived race,
<br />religious creed, color, national origin, ancestry, physical disability, mental
<br />disability, medical condition (cancer-related or genetic characteristics), marital or
<br />domestic partner status, gender and/or gender identity, age (40 or over), or sexual
<br />orientation (including heterosexuality, homosexuality, and bisexuality).
<br />14.7.Force Majeure. Except for payment of amounts due, neither Party
<br />shall have any liability for its delays or its failure of performance due to: fire,
<br />explosion, pest damage, power failures, strikes or labor disputes, acts of God, the
<br />elements, war, civil disturbances, acts of civil or military authorities or the public
<br />enemy, inability to secure raw materials, transportation facilities, fuel or energy
<br />shortages, or other causes reasonably beyond its control, whether or not similar to
<br />the foregoing.
<br />14.8.Attorney’s Fees. Should any dispute arising out of this Agreement
<br />lead to litigation, the prevailing party shall be entitled to recover its costs of suit,
<br />including (without limitation) reasonable attorneys’ fees.
<br />14.9.Taxes. Licensee shall pay before delinquency all possessory interest
<br />taxes, assessments, license fees, and other charges that are levied and assessed
<br />against Licensee for the interest granted to it hereunder. On demand by City,
<br />Licensee shall furnish City with satisfactory evidence of these payments. Licensee
<br />shall pay before delinquency all federal, state or local taxes, assessments, license
<br />fees, and other charges that are levied and assessed against Licensee’s personal
<br />property installed or located in or on the Municipal Facility, and that become
<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 />ATTY/AGR.2021.274/New CIngular Wireless/AT20 (Page 20 of 27)
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