Agmt09 Bair Island Aquatic Center, Inc. (BIAC)

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BIAC: Bair Island Aquatic Center, Inc. 1450 Maple Street Redwood City, California 94063 Attn: President City: City of Redwood City 1017 Middlefield Road Redwood City, California 94063 Attn: City Attorney Fax: (650) 780 -5963 With copies to: City of Redwood City 1017 Middlefield Road Redwood City, California 94063 Attn: City Manager 20. Applicable Law. This Agreement and all rights and remedies of the parties hereto shall be construed and enforced in accordance with the laws of the State of California. 21. Relocation. Anything in this Agreement to the contrary notwithstanding, the City shall have the right to relocate BIAC to similar space on the Property or elsewhere. Following such relocation, the License Area, as used in this Agreement, shall mean the new License Area to which BIAC is relocated and Exhibit B shall be revised to reflect the new License Area. If the City relocates BIAC to a new location, then the teens and conditions of this Agreement shall remain in full force and effect, except that if the new License Area to which BIAC is relocated is not the same size as the License Area, then the License Fee payable by BIAC shall be adjusted accordingly based on the actual square footage of the new License Area. 22. Recording. Neither this Agreement or any notice or memorandum hereof shall be recorded in any public record. A violation of this prohibition by BIAC shall constitute a material breach of this Agreement and terminate the License. 23. Waiver of Default: Cumulative Remedies. No waiver of any default by any party to this Agreement shall be implied from any omission by any other party to take any action in respect of such default if such default continues or is repeated. No express waiver of any default shall affect any default or cover any period of time other than the default and period of time specified in such express waiver. One or more waivers of any default in the performance of any term, provision or covenant contained in this Agreement shall not be deemed to be a waiver of any subsequent default in the performance of the same term, provision or covenant or any other term, provision or covenant contained in this Agreement. The consent or approval by any party to or of any act or request by any other party requiring consent or approval shall not be deemed to waive or render unnecessary the consent to or approval of any subsequent similar acts or requests. The rights and remedies given to any party by this Agreement shall be deemed BIAC License 6.11.09 v.2 6