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02-09-11 Council Agenda
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02-09-11 Council Agenda
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2/4/2011 3:09:45 PM
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Law Department Approved 08 -36053 <br />ALTERATIONS <br />24. Licensee may not make any alterations to the Premises or permanently affix anything to <br />the Premises or any buildings or other structures adjacent to the Premises without <br />Licensor's prior written consent. <br />NO WARRANTIES <br />25. LICENSOR'S DUTIES AND WARRANTIES ARE LIMITED TO THOSE EXPRESSLY <br />STATED IN THIS LICENSE AND SHALL NOT INCLUDE ANY IMPLIED DUTIES OR <br />IMPLIED WARRANTIES, NOW OR IN THE FUTURE. NO REPRESENTATIONS OR <br />WARRANTIES HAVE BEEN MADE BY LICENSOR OTHER THAN THOSE <br />CONTAINED IN THIS LICENSE. LICENSEE HEREBY WAIVES ANY AND ALL <br />WARRANTIES WITH RESPECT TO THE PREMISES, EXPRESS OR IMPLIED, OR <br />WHICH MAY EXIST BY OPERATION OF LAW OR IN EQUITY, INCLUDING, <br />WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, HABITABILITY <br />OR FITNESS FOR A PARTICULAR PURPOSE. <br />QUIET ENJOYMENT <br />property or the environment and shall take whatever action is necessary to <br />prevent injury to persons or property arising out of such conditions or activities; <br />provided, however, that Licensee's reporting to Licensor shall not relieve <br />Licensee of any obligation whatsoever imposed on it by this License. Licensee <br />shall promptly respond to Licensor's request for information regarding said <br />conditions or activities. <br />26. LICENSOR DOES NOT WARRANT ITS TITLE TO THE PROPERTY NOR <br />UNDERTAKE TO DEFEND LICENSEE IN THE PEACEABLE POSSESSION OR USE <br />THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. <br />DEFAULT <br />27. If default shall be made in any of the covenants or agreements of Licensee contained in <br />this document, or in case of any assignment or transfer of this License by operation of <br />law, Licensor may, at its option, terminate this License by serving five (5) days' notice in <br />writing upon Licensee. Any waiver by Licensor of any default or defaults shall not <br />constitute a waiver of the right to terminate this License for any subsequent default or <br />defaults, nor shall any such waiver in any way affect Licensor's ability to enforce any <br />Section of this License. The remedy set forth in this Section 27 shall be in addition to, <br />and not in limitation of, any other remedies that Licensor may have at law or in equity. <br />LIENS <br />28. Licensee shall promptly pay and discharge any and all liens arising out of any <br />construction, alterations or repairs done, suffered or permitted to be done by Licensee <br />on Premises. Licensor is hereby authorized to post any notices or take any other action <br />upon or with respect to Premises that is or may be permitted by law to prevent the <br />•12- <br />14 <br />Form 419; Rev. 04/26/05 <br />
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