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8.A. - Page 13 25. Parking. Licensee shall comply with all parking restrictions set forth in the then current Docktown Marina Rules and Regulations. City, its officials, officers, consultants, employees or agents shall not be liable to Licensee or Licensee's agents for any loss of, or damage of any kind to, any motor vehicle or other personal property in or on the buildings, parking lots, or other City premises. 26. Notices. Any notice by City to Licensee hereunder shall be deemed to be given if and when it is personally delivered to Licensee or deposited in the mail and addressed to Licensee at the address set forth in the Basic Berthing Information above. Licensee is responsible for informing City of his/her most current address and phone numbers. Any notice by Licensee to City shall be deemed to be given if it is signed by Licensee and received by City at the address where Monthly Fees are paid as set out in Section 9 above. 27. Default. If Licensee violates any of the rules and regulations of City following written notice from City to cease and desist such violation, or if Licensee fails to pay Slip Fees, service charges, interest, Utility Fees or any other amount required herein and such failure continues for a period of three (3) days after City has given written notice thereof, or if Licensee fails to perform any other term, covenant or condition of this Agreement and such failure continues for a period of seven (7) days after City has given written notice thereof, Licensee shall be in default hereunder. Under default, City may exercise any and all remedies available to City hereunder or otherwise provided by law. Without limited the foregoing, City may immediately terminate this Agreement without limiting the liability of Licensee for all amounts due hereunder. Upon termination of this Agreement, and if Licensee has not already done so, City shall be authorized to remove the Vessel and all property of Licensee from the Slip or in the Docktown Marina following termination of this Agreement, and without limiting the other remedies of City hereunder. 28. Cumulative Remedies, No Waiver. City's rights and remedies hereunder are cumulative in nature, and pursuit of any particular remedy shall not be deemed an election of remedies or a waiver of any other remedies available hereunder or otherwise available in law. No waiver or forbearance of a default of this Agreement shall be constructed as a waiver or forbearance of any other or subsequent breach, and the acceptance of any performance hereunder, or the payment of any amount after the same has become due or at any time when any other default exists shall not constitute a waiver of the right to demand payment of all other amounts owed or a waiver of any other default then or thereafter existing. 29. Termination. Either party may terminate this Agreement without cause by providing the other party with written notice thereof at least then (30) days prior to the date of termination. 30. Entire Agreement. This Agreement, including the Rules and Regulations set forth in Exhibit A (and as may be revised from time to time), constitutes the entire agreement and understanding between the parties. This Agreement and Exhibit A supersede or replace all previous agreements, licenses, or understandings, whether oral or written, with respect to the Slip. Should any portion of this Agreement be ruled invalid, such invalidity shall in no way affect the validity of this Agreement or any other portion thereof. This Agreement may be altered or modified only by a subsequent written agreement executed by both City and Licensee. This Agreement shall be governed by the laws of the State of California and the United States. The only proper venue of any suit ensuing out of or related in any manner to this Agreement will be in the County of San Mateo, State of California. ATTY/AGR/2013.025/DOCKTOWN MARINA BERTHING AGREEMENT REV:02-21-13 VR Page 9 of 11