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<br />1/6/06 DO NOT RECORD <br /> <br />California Civil Code on the Premises or License Area; and Licensee shall not use or <br />permit the use of the License Area for any unlawful purpose. <br /> <br />Section 8.08 Repairs <br /> <br />Licensee shall be required to make any repairs to the License Area occurring from <br />damages caused by Licensee, its employees, agents, contractors, and subcontractors. <br /> <br />Section 8.09 Time of Essence <br /> <br />Time is expressly declared to be of the essence in this Agreement. <br /> <br />Section 8.10 Governing Law <br /> <br />This Agreement has been executed and delivered in the State of California and the <br />validity, interpretation, performance, and enforcement of any of the clauses of this <br />Agreement shall be determined and governed by the laws ofthe State of California. Both <br />parties further agree that Orange County, California and federal courts therein, shall be <br />the venue for any action or proceeding that may be brought or arise out of, in connection <br />with or by reason of this Agreement. <br /> <br />Section 8.11 RESERVED. <br /> <br />Section 8.12 State of Emergency/Public Necessity <br /> <br />Due to the fact that The Depot has been designated a Homeland Security Evacuation <br />Center, upon the declaration of a state of emergency/public necessity, Licensor may give <br />immediate notice in writing to Licensee to suspend or revoke normal operation under this <br />Agreement without liability to Licensee when the emergency/public necessity so <br />requires, or to suspend operation immediately hereunder temporarily in the event of such <br />public emergency, as may be determined by the City Manager. Such suspension will <br />terminate as soon as the public necessity or emergency no longer exists. Licensee shall <br />be compensated for any time of suspended use or operation by Licensor in the form of an <br />equal amount oftime added onto the term of the License by Licensor (i.e. Licensee <br />suspends operation for 2 months due to state of emergency, License is extended an <br />additional 2 months). <br /> <br />Section 8.13 Conflict of Interest <br /> <br />Licensee covenants that it presently has no interest and shall not have interests, direct or <br />indirect, which would conflict in any manner with performance of this License <br />Agreement specified herein. <br /> <br />Section 8.14 RESERVED. <br /> <br />10 <br />