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REV: 11-28-23 VR
<br />14.Covenant Not to Discriminate. In the performance of its activities pursuant to
<br />this License, LICENSEE agrees not to discriminate against any employee, any CITY
<br />employee working with LICENSEE, or applicant for employment with LICENSEE, or
<br />against any person seeking accommodations, advantages, facilities, privileges,
<br />services, or membership in all business, social, or other establishments or
<br />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 disability,
<br />medical condition (cancer-related or genetic characteristics), marital or domestic partner
<br />status, gender and/or gender identity, age (40 or over), or sexual orientation (including
<br />heterosexuality, homosexuality, and bisexuality).
<br />15.Liens. LICENSEE shall not permit any liens of any type, including but not limited
<br />to mechanic’s or material men’s liens, stop notices or other liens (collectively, “Liens”)
<br />to be filed against the City Property by reason of any action or inaction by LICENSEE. If
<br />any Liens of any type are filed against the City Property during the term of this
<br />Agreement as a result, directly or indirectly, of any action or inaction by LICENSEE,
<br />LICENSEE shall cause the same to be discharged of record, by payment of the claim,
<br />by posting and recording the bond contemplated by the California Civil Code Section
<br />3143, or by other action acceptable to CITY, within 20 days after demand by CITY.
<br />LICENSEE shall indemnify, hold harmless, and defend CITY and CITY Indemnified
<br />Parties from and against any and all claims relating to such Liens.
<br />16.Compliance with Laws. LICENSEE shall, at its sole cost and expense, conduct
<br />and cause to be conducted all Activities on the City Property allowed hereunder in a
<br />safe and reasonable manner and in compliance with all laws, statutes, ordinances,
<br />rules, regulations, requirement, policies, orders, and standards, of any governmental or
<br />other regulatory entity and all covenants, restrictions and provisions of record, whether
<br />presently in effect or subsequently adopted and whether or not in the contemplation of
<br />the parties (“Laws”). LICENSEE shall, at its sole cost and expense, procure and
<br />maintain in force at all times during its use of the City Property any and all business and
<br />other licenses or approvals necessary to conduct the activities allowed hereunder.
<br />LICENSEE understands and agrees that CITY is entering into this License in its
<br />capacity as a property owner with a proprietary interest in the License Area and not as a
<br />regulatory agency with police powers. LICENSEE further understands and agrees that
<br />no approval by CITY for purposes of this Agreement shall be deemed to constitute
<br />approval of any federal, state, CITY or other local regulatory authority with jurisdiction,
<br />and nothing herein shall limit LICENSEE's obligation to obtain all such regulatory
<br />approvals at LICENSEE's sole cost and expense, or limit in any way CITY's exercise of
<br />its police powers.
<br />17.Insurance. During the term of this Agreement, LICENSEE shall maintain the
<br />following insurance coverages. The insurance carrier is required to maintain an A.M.
<br />Bet rating of not less than “A:VII”:
<br />A.Commercial General Liability Insurance. Commercial general liability
<br />insurance written on a form that provides coverage at least as broad as form ISO
<br />CG 00 01 10 01 (12/04 Edition), covering the insured with a duty to defend
<br />ATTY/AGR.2023.290/Town Motor Company (1402 Maple License Agreement) (Page 7 of 14)
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