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groundless, fraudulent or false, which obligation arises at the time such claim is tendered
<br /> to LICENSEE by CITY and continues at all times thereafter.The foregoing indemnity shall
<br /> include,without limitation, reasonable attorneys', experts' and consultants' fees and costs,
<br /> investigation and remediation costs and all other reasonable costs and expenses incurred
<br /> by the indemnified parties, including,without limitation,damages for decrease in the value
<br /> of the City Property and claims for damages or decreases in the value of adjoining property.
<br /> LICENSEE's obligations under this Section shall survive the expiration or other
<br /> termination of this License Agreement. CITY and CITY Indemnified Parties shall have no
<br /> liability to LICENSEE or any LICENSEE Party as the result of damage or loss to property
<br /> or injury or death to any such person arising on the City Property or out of the Activities
<br /> conducted on the City Property, except for damages or loss to LICENSEE property or
<br /> injury or death to any such person caused by the sole negligence or willful misconduct of
<br /> CITY or CITY's authorized representatives. The parties intend that damages and/or costs
<br /> and all other terms implying an amount tied to liability shall not include consequential
<br /> damages or loss of profits.
<br /> 11. As Is Condition of Citv Proaertv; Disclaimer of Representations. LICENSEE accepts
<br /> the City Property in its "AS IS" condition, without representation or warranty of any kind
<br /> by CITY, its officers, agents or employees, and subject to all applicable laws, rules and
<br /> ordinances governing the use of the City Property. Without limiting the foregoing, this
<br /> License is made subject to any and all existing and future covenants, conditions,
<br /> restrictions, easements, encumbrances and other title matters affecting the City Property,
<br /> whether foreseen or unforeseen, if such matters are of record or would be disclosed by an
<br /> accurate inspection or survey.
<br /> 12. No Assignment. This Agreement and License is personal to LICENSEE and shall not be
<br /> assigned, conveyed or otherwise transferred by LICENSEE under any circumstances,
<br /> except to a person or entity to whom LICENSEE's rights under the DDA are transferred in
<br /> accordance with the terms of the DDA.Any attempt to assign,convey or otherwise transfer
<br /> this License except in accordance with the preceding sentence shall be null and void and
<br /> cause the immediate termination and revocation of this License.
<br /> 13. Covenant Not to Discriminate. In the performance of this its activities pursuant to this
<br /> License,LICENSEE agrees not to discriminate against any employee,any CITY employee
<br /> working with LICENSEE, or applicant for employment with LICENSEE, or against any
<br /> person seeking accommodations, advantages, facilities, privileges, services, or
<br /> membership in all business, social, or other establishments or organizations, on the basis
<br /> of the fact or perception of a person's perceived race,religious creed,color,national origin,
<br /> ancestry,physical disability,mental disability,medical condition(cancer-related or genetic
<br /> characteristics), marital or domestic partner status, gender and/or gender identity, age (40
<br /> or over), or sexual orientation(including heterosexuality,homosexuality, and bisexuality).
<br /> 14. 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")to
<br /> 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 Agreement
<br /> as a result,directly or indirectly,of any action or inaction by LICENSEE, LICENSEE shall
<br /> ATTY/AGR/2013.242/CD-DEWATERING LICENSE AGREEMENT
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