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EXHIBIT 1 <br />consu-uell under the laws oI'III e S I a I e ofCaI lornia- in the event orally legal action to enforce or interpret this <br />License, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, <br />Calil'rnnia; and the Parties hereto agree to and do hereby submit to the jurisdiction oh such court. <br />norwithstanding Code of Civil 1'rocedure section 394. <br />25. ATTORNEYS' FEES (SALic-3.4 S) <br />In Lhe evcrtl of a dispulc between Licensor and County concerning claims arising, out of this License, or in <br />any action or proceeding brought to enlbrce or interpret any provision of this License or where any provision <br />hereof is validly asserted as a defense, each Party shall bear its own attorneys' fees and costs. <br />26. TIME OF ESSENCE (SALic-3.5 S) <br />Tiole is of the essence of this License- Failure to comply with any time requirements of this License shall <br />constitute a material breach of this License. <br />27. IiNSPECTiON OF LICENSE AREA BV A CERTIFIED ACCESS SPECIALiST (9Ai.ic-3.6 S) <br />A Certified Access Specialist ("CASp") can inspect the License Area and detennine whether the License <br />Arca comply with all of the applicable umsu-uction-related accessibility stancards Linder state law. Although <br />state law does not require a CASp inspection of the License Area, the commercial property owner nr licensor <br />may nut prohibit the licensee or tenant from obtaining a CASp inspection of the License Area for the <br />occupancy orpolenlial occupancy ofihe licensee or tenant, Ifrequesled by the licensee or tenant The Parties <br />shall mentally agree on the arrangements for the time and manner of the CASp inspection, the payment ofthe <br />fcc for the CASp inspection, and the cost ofinaking any repairs necessary to con cct violations of -eon tr'uetion- <br />related accessibility standards within the License Area- <br />PLLISuallt to California Civil Code 1939, Licensor hereby rgirescnti that Lhc Liccnsc Arca has not undergone <br />an inspection by a certified access specialist and no representations are made with respect to compliance with <br />accessibility standards. if it is determined during this tenancy that a violation of handicapped access laws <br />(including the Americans with Disabilities Act) exists at the license Area, Licensor shall correct such non- <br />compliance at Licensor's cost. <br />29. CONDITION OF I,ICI?NSI,. AREA UPON Tl' AZMINATION (SALic-3.7 S) <br />I[xcept as otherwise agreed to herein, upon termination of this License. County slialI redeliver possession of <br />said License Area to Licensor in substantially the same condition that existed immediately prior m County's <br />enLry thereon, reasonable wear and tear, flood, earthquakes, war, and any act of war excepted. <br />29. DISPOSITION OF ABANDONED PERSONAi, PROPFRTV (SAT.ic-3.8 S) <br />County shall have the right to remove and to dispose of such personal property within a reasonable time upon <br />icrtnination of this License (whether by the terms of this License, abandonment, or matter of law) without <br />liability therefor to County or to any person claiming under County- If the County should fail to remove such <br />personal property within a reasonable time, tlicn, at Licensor's option, the personal property may be deemed <br />u-auslcrred to the Licensor. <br />City Council 28 — 8 6/15/2021 <br />II=/7/2021 Page 6 of 12 420 N- Main Pu4cing Lirrnsc <br />Hearn C'arc AKcnuy lizindmd Acgtjl mien I iccrnc I omi <br />