|
<br />buildings, structures, and fixtures on the Property. Licensee will keep the Property free from all liens,
<br />including but not limited to, mechanics liens and encumbrances by reason of use or occupancy by
<br />Licensee, or any person claiming under Licensee. If Licensee fails to pay the above-mentioned taxes,
<br />assessments or liens when due, Licensor will have the right to pay the same and charge the amount to
<br />the Licensee. All accounts not paid within 30 days of the agreed upon due date will be charged a "late
<br />fee" on all amounts outstanding up to the maximum rate allowed by law.
<br />
<br />22. Expense: Licensee will perform and pay all obligations of Licensee under this
<br />Agreement. All matters or things herein required on the part of Licensee will be performed and paid
<br />for at the sole cost and expense of Licensee, without obligation on the part of Licensor to make
<br />payment or incur cost or expense for any such matters or things.
<br />
<br />23. Assignments: This Agreement is personal to Licensee, and Licensee will not assign,
<br />transfer or sell this Agreement or any privilege hereunder in whole or in part, and any attempt to do so
<br />will be void and confer no right on any third party.
<br />
<br />24. Compliance with Law: Licensee will comply with all applicable federal, state, county
<br />and local laws, all covenants, conditions and restrictions of record and all applicable ordinances,
<br />zoning restrictions, rules, regulations, orders and any requirements of any duly constituted public
<br />authorities now or hereafter in any manner affecting the Property or the streets and ways adjacent
<br />thereto. Licensee will obtain all permits and other governmental approvals required in connection with
<br />Licensee's activities hereunder.
<br />
<br />25. Governing Law: The existence, validity, construction, operation and effect of this
<br />Agreement and all of its terms and provisions will be determined in accordance with the laws of the
<br />State of California.
<br />
<br />26. Indemnification: Licensee shall hold harmless, defend and indemnify Licensor, its
<br />officers, agents and employees, and its successors and assigns, from and against all claims, loss,
<br />damage, actions, causes of actions, expense and/or liability arising from or growing out of loss or
<br />damage to property, including that of Licensor, or injury to or death of persons, including employees of
<br />Licensor resulting in any manner whatsoever, directly or indirectly, by reason of this Agreement or the
<br />use or occupancy of the Property by Licensee or any person claiming under Licensee.
<br />
<br />27. Termination: This Agreement may be canceled and terminated by either Licensor or
<br />Licensee, at any time, for any reason, upon thirty (30) days notice in writing. Licensee will peaceably
<br />quit, surrender and, prior to termination date, restore the Property to a condition satisfactory to the
<br />Licensor. Termination, cancellation or expiration does not release Licensee from any liability or
<br />obligation (indemnity or otherwise) which Licensee may have incurred. Licensee's continued presence
<br />after termination shall be deemed a trespass.
<br />
<br />28. Events of Default: The occurrence of any of the following shall constitute a material
<br />default and breach of this Agreement by Licensee:
<br />
<br />(a) Any failure by Licensee to pay the consideration due in accordance with Article 3, or to
<br />make any other payment required to be made by Licensee hereunder when due.
<br />
<br />(b) The abandonment or vacating of the Property by Licensee.
<br />
<br />(c) Any attempted assignment or subletting of this Agreement by Licensee in violation of
<br />Article 23.
<br />
<br />(d) The violation by Licensee of any resolution, ordinance, statute, code, regulation or
<br />other rule of any governmental agency in connection with Licensee's activities
<br />pursuant to this Agreement.
<br />
<br />-5-
<br />
|