Laserfiche WebLink
<br />6.1E <br />Page 51 <br /> <br />Licensor from any claims for relocation benefits or assistance upon termination of <br />any current or future license agreement under federal, state, or local relocation <br />law. <br /> <br />16.. INDEMNIFICATION <br />16.1 Licensee shall protect, defend, indemnify and hold harmless the Licensor, <br />Redevelopment Agency of Redwood City, their respective Council and Board <br />members, officers, employees, volunteers, contractors and agents from any and <br />all actions. causes of action. claims. losses, expenses (including reasonable <br />attorney's fees and costs), or liability or claims for damages on account of <br />damage of property or injury to or death of persons, including Licensee or <br />Licensee's employees, patrons, agents, customers, business invitees and/or any <br />other persons, or damage to property of any kind whatsoever and to <br />whomsoever belonging. including Licensee or Licensee's employees and <br />patrons, agents,. customers, business invitees and/or any other persons, from <br />any cause resulting from the operations of Licensee, and/or use of any City area <br />by Licensee or Licensee's employees, patrons. agents, customers. business <br />invitees and/or any other persons, except where caused by Licensor or <br />Redevelopment Agency of Redwood City's active negligence, sole neg\igence or <br />willful misconduct. <br /> <br />17. MISCELLANEOUS <br />17.1 Exoenses of Enforcement. If there are any legal or arbitration proceedings <br />between Licensor and Licensee to enforce any provision of this Agreement or to <br />protect or establish any right or remedy of either Licensor or Licensee hereunder, <br />the unsuccessful party shall pay to the prevailing party all reasonable and <br />customary costs and expenses, including reasonable attorney's fees (including, <br />without limitation, the reasonable value of any in-house counsel services) <br />incurred by such prevailing party in such proceeding and in any appeal in <br />connection therewith. If such prevailing party recovers a judgment in any such <br />proceeding or appeal, such costs, expenses, and attorney's fees (including the <br />reasonable value of in-house counsel services) shall be determined by the court <br />or arbitration panel handling the proceeding and shall be included in and as part <br />of such judgment. <br /> <br />17.2 Misreoresentations. Any statements submitted to Licensor in the Licensee's <br />Application for Courthouse Square Vendor Space ("Application") and this License <br />Agreement by Licensee are considered inducements to execute this License. <br />Misrepresentations by Licensee shall entitle Licensor to terminate this License. <br /> <br />17.3 Entire Aareement. This Agreement contains all the terms, 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 />understanding pertaining to the same shall be valid or of any force and effect; <br />and the terms, covenants and conditions of this Agreement cannot be altered, <br />changed, modified or added to, except in writing signed by Licensor and <br />Licensee. <br /> <br />17.4 Caotions. Definitions and Severabilitv. The captions of the sections and <br />subsections of this Agreement are for convenience and easy reference only and <br />shall not be considered or referred to in resolving questions of construction. <br /> <br />ATIY / AGR/2009.082 <br />110309 <br /> <br />Initials <br /> <br />Page 7 <br />