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REV: 03-28-25 JB
<br />incurred by the Indemnified Parties. LICENSEE's obligations under this Section shall
<br />survive the expiration or other termination of this License Agreement. CITY and CITY
<br />Indemnified Parties shall have no liability to LICENSEE or any LICENSEE Party as the
<br />result of damage or loss to property or injury or death to any such person arising on the
<br />City Property or out of the Activities conducted on the City Property, except for damages
<br />to LICENSEE property caused by the sole negligence or willful misconduct of CITY.
<br />13.As Is Condition of City Property; Disclaimer of Representations. LICENSEE
<br />accepts the City Property in its “AS IS” condition, without representation or warranty of
<br />any kind by CITY, its officers, agents or employees, and subject to all applicable laws,
<br />rules and ordinances governing the use of the City Property. Without limiting the
<br />foregoing, this License is made subject to any and all existing and future covenants,
<br />conditions, restrictions, easements, encumbrances and other title matters affecting the
<br />City Property, whether foreseen or unforeseen, and whether such matters are of record
<br />or would be disclosed by an accurate inspection or survey.
<br />14.No Assignment. This Use Agreement and License is personal to LICENSEE
<br />and shall not be assigned, conveyed or otherwise transferred by LICENSEE under any
<br />circumstances. Any attempt to assign, convey or otherwise transfer this License shall be
<br />null and void and cause the immediate termination and revocation of this License.
<br />15.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 />16.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 />17.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 />ATTY/AGR.2025.059/Carlsen Motor Cars (License Agreement 1402 Maple Street) (Page 7 of 15)
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