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<br />ATTY/AGR/2022.014.08/TRI-PARTY AGREEMENT
<br />REV: 01-25-2022 VR
<br />COUNTY on, in, under or around the License Area. Except as expressly set forth herein, the granting of
<br />the License by CITY does not constitute authorization or approval by CITY of any activity conducted by
<br />COUNTY on, in, around or relating to the License Area.
<br />20. Covenant Not to Discriminate. In the performance of the permitted Activities pursuant to this
<br />Agreement, COUNTY agrees not to discriminate against any employee, any CITY employee working with
<br />COUNTY, or applicant for employment with COUNTY, or against any person seeking accommodations,
<br />advantages, facilities, 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, religious creed, color,
<br />national origin, ancestry, physical disability, mental disability, medical condition (cancer-related or genetic
<br />characteristics), marital or domestic partner status, gender and/or gender identity, age (40 or over), or
<br />sexual orientation (including heterosexuality, homosexuality, and bisexuality).
<br />21. Liens.COUNTY shall not permit any liens of any type, including but not limited to mechanic's or
<br />material men's liens, stop notices or other liens (collectively, "Liens") to be filed against the City Property
<br />or any portion thereof by reason of any action or inaction by COUNTY. If any Liens of any type are filed
<br />against the City Property or any portion thereof during the Term of this Agreement as a result, directly or
<br />indirectly, of any action or inaction by COUNTY, then COUNTY shall cause the same to be discharged of
<br />record, by payment of the claim, by posting and recording the bond contemplated by the California Civil
<br />Code Section 3143, or by other action acceptable to CITY, within 20 days after demand by CITY. COUNTY
<br />shall indemnify, hold harmless, and defend CITY and CITY Indemnified Parties from and against any and
<br />all claims relating to such Liens. County's obligations under this Section shall survive the expiration or
<br />earlier termination of this Agreement.
<br />22. Security. COUNTY hereby acknowledges that CITY shall have no obligation whatsoever to provide
<br />security for the License Area, and COUNTY hereby assumes all responsibility for the protection of
<br />COUNTY, its agents and Invitees from acts of third parties, and shall indemnify, defend, and hold harmless
<br />CITY against any and all claims arising from or relating to failure to provide security. County's indemnity
<br />obligations under this Section shall survive the expiration or earlier termination of this Agreement.
<br />23. Safety Compliance. COUNTY shall not create or permit any unsafe conditions upon the License
<br />Area, shall promptly report to CITY the discovery of any unsafe conditions, and shall take all actions
<br />necessary and reasonably appropriate to correct any unsafe conditions. COUNTY shall erect and maintain
<br />as reasonably required by existing conditions all reasonable safeguards for safety and protection, including
<br />posting danger signs, barricades, and other warnings as necessary or appropriate with respect to hazards
<br />on or about the License Area.
<br />24. Compliance with Laws. COUNTY shall, at its expense, conduct and cause to be conducted all
<br />activities on the License Area allowed hereunder in a safe and reasonable manner and in compliance with
<br />all laws, ordinances, requirement, policies and standards of City and all other governmental or other
<br />regulatory authorities with jurisdiction and authority over the License Area and the Activities (including,
<br />without limitation, the Americans with Disabilities Act) and all covenants, restrictions and provisions of
<br />record, whether presently in effect or subsequently adopted and whether or not in the contemplation of the
<br />parties. COUNTY shall, at its sole expense, procure and maintain in force at all times during its use of the
<br />License Area any and all business and other licenses or approvals necessary to conduct the activities
<br />allowed hereunder. COUNTY understands and agrees that CITY is entering into this Agreement in its
<br />regulatory agency with police powers. COUNTY further understands and agrees that no approval by CITY
<br />for purposes of this Agreement shall be deemed to constitute approval of any other federal, state, or other
<br />local regulatory authority with jurisdiction, and nothing herein shall limit COUNTY's obligation to obtain all
<br />such regulatory approvals at COUNTY's sole cost, or limit in any way CITY's exercise of its police powers.
<br />25. Changes to License Area. CITY reserves the right to temporarilyclose access to the License Area
<br />and to make changes to the License Area, from time to time upon thirty(30) days written notice to COUNTY,
<br />including, without limitation, changes in the locations, size, shape and number of entrances to the License
<br />Area and to the fences, gates and other improvements on or benefiting the License Area. However, in the
<br />event of an emergency, CITY may make such changes without notice to COUNTY.
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