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and unloading areas, trash areas, ramps, platforms, public restrooms, landscaped areas and common walkways and sidewalks necessary for access to the Courthouse Square and the Courthouse building. 7.2 Rules and Reaulations - Chaoter 33 Ordinance. Licensor reserves the right to exercise control and management of the common areas and may establish, modify, change and enforce such reasonable rules and regulations (as specified in Exhibit "C", Draft Chapter 33A Article 4 Courthouse Square, attached hereto and incorporated herein) as Licensor deems desirable for the management of the pavilions and the remaining areas of Courthouse Square. Upon City Council approval of a finalized version of Exhibit "C", the Licensor will replace and Licensee shall agree to the replacement of Exhibit "C" with the final approved municipal ordinance Licensee agrees to abide by and conform to such reasonable rules and regulations and shall be responsible for the compliance with same by its employees, agents, customers and invitees. The failure of Licensor to enforce any such reasonable rules and regulations against Licensee or any other vendors shall not be deemed to be a waiver of same. Licensee's failure to keep and observe said reasonable rules and regulations shall constitute a breach of the terms of this Agreement in the same manner as if the rules and regulations were contained herein as License Agreement covenants. 7.3 Courthouse Sauare Closure. Licensor shall have the right to close all or any portion of the common areas at such times and for such periods as may, in the opinion of the Licensor, be necessary to preserve Courthouse Square as a public plaza, or to prevent the accrual of any rights in any person; and Licensor may also close said common areas for purposes of maintenance and repair services as may be required. 8. TAXES 8.1 Licensee shall pay its assessed Possessory Interest Tax to San Mateo County on an annual basis. The Licensor is not responsible for determining how this possessory interest is calculated by San Mateo County. 9. SECURITY MEASURES 9.1 Licensee hereby acknowledges that the license fee payable to City hereunder does not include the cost of guard service or other security measures, and that City shall have no obligation whatsoever to provide same. Licensee assumes all responsibility for the protection of Licensee, its agents and invitees from acts of third parties, and shall indemnify, defend, and hold harmless Licensor for claims related to failure to provide security. Any provision of security services provided by Licensor shall not constitute acceptance of liability for acts on the Premises. 10. ASSIGNMENT 10.1 Licensor's Consent Reauired. Licensee may not assign its rights under the License, nor any interest therein, and shall not encumber the Premises or any part thereof, nor any right or privilege appurtenant thereto, nor allow or permit any other person(s) to occupy or use the Premises, or any portion thereof, without Licensor's prior written approval, which shall be in the sole discretion of Licensor. Consent by Licensor to one assignment, occupation or use by another person shall not be deemed to be consent to any subsequent assignment, occupation or use by another person. No assignment or encumbrance by A TTY / AGR/2009.082 020110 PI Initials Page 5