Agmt22 Alison Madden - Laserfiche WebLink

Browse Search

particular purpose or merchantability. Tenant shall not alter the condition of Inferno after the Effective Date and shall transfer Infemo to the City in the same condition as exists on the Effective Date. C. Representations and Warranties re Inferno: Tenant hereby warrants, represents, and/or covenants to the City that: i. To the best of Tenant's knowledge, there are no actions, suits, claims, legal proceedings, or any other proceedings affecting Inferno or any portion thereof, at law, or in equity before any court or governmental agency, domestic or foreign. ii. Tenant has provided proof of title and is the owner of and has the full right, power, and authority to sell, convey, and convey Inferno to the City as provided herein and to carry out Tenant's obligations hereunder. iii. There are no liens, security interests, taxes or other encumbrances affecting Infemo, whether recorded or unrecorded. iv. Tenant has not assigned, transferred or subleased to any third party Inferno or any of the rights, claims, causes of action or items to be released or transferred under this Agreement. V. Tenant shall maintain Inferno in its present condition as of the Effective Date. vi. Tenant shall, upon leaming of any fact or condition which would cause any of the warranties and representations in this section not to be true, immediately give written notice of such fact or condition to the City. f Indemnity by Tenant for any Breach of Representations and Warranties: Tenant shall indemnify, defend and hold the City harmless from and against any claims, demands, liabilities, losses, judgments, expenses and attorneys' fees resulting from the breach by Tenant of the representations and warranties made by Tenant in this Section 4. 5. Temporary Use of Bohemia; Relocation from Docktown; Quitclaim: a. Temporary Use of Bohemia: Through November 14, 2022, Tenant may (a) continue to dock Bohemia at Docktown, at slip 52 or 26, as the City may determine, provided that she continues to honor each of her obligations under the berthing license agreement for Bohemia, including to pay all fees and costs thereunder, and (b) may reside thereon, though Tenant acknowledges that will not create any rights to reside thereon after November 14, 2022 or any other rights, including without limitation to (i) relocation assistance, benefits, or compensation, or (ii) damages in connection therewith, or for vacating and relocating from Docktown. ATN/AGR/SETTLEMENTS/SETTLEMENTAGREEMENT-ALISON MADDEN REV; 07-21-22 VR Page 5 of 13