Laserfiche WebLink
SCC Doe. 319004 Att. Contract No. 9.5074 <br />(including, but not limited to, the filing of an unlawful detainer action), nor shall Licensor be responsible <br />for the value of Licensee's personal property. <br />Licensor shall have the right to charge and recover from Licensee all costs and expenses incurred by <br />Licensor related to (i) the removal, disposal or sale of Licensee's personal property, building(s), fixture(s) <br />or structure(s), (ii), the removal of any waste, weeds, or debris on the Property, (iii) environmental studies <br />and environmental remediation and/or cleanup attributable to Licensee's use of the Property, and (iv) <br />the restoration of the Property to the condition it was in prior to Licensor's initial use of the Property. <br />Licensee agrees to pay such expenses to Licensor upon demand. <br />32. Limitation of Liability: <br />IN ORDER FOR LICENSEE TO OBTAIN THE BENEFIT OF THE FEE IDENTIFIED IN ARTICLE 3 <br />WHICH INCLUDES A LESSER ALLOWANCE FOR RISK FUNDING FOR LICENSOR LICENSEE <br />AGREES TO LIMIT LICENSOR'S LIABILITY PURSUANT TO THIS AGREEMENT. AS SUCH IF <br />LICENSEE IS ENTITLED TO ANY RELIEF FOR LICENSOR'S NEGLIGENCE INCLUDING GROSS <br />NEGLIGENCE FOR DAMAGE OR DESTRUCTION OF LICENSEE'S PERSONAL PROPERTY <br />BUILDINGISI, STRUCTURE(S) OR FIXTURES) AFTER THE TERMINATION OR EXPIRATION OF <br />THIS AGREEMENT THE TOTAL LIABILITY OF LICENSOR SHALL NOT EXCEED THE TOTAL <br />FEES ACTUALLY PAID BY LICENSEE TO LICENSOR DURING THE TERM OF THIS AGREEMENT. <br />FURTHER IN NO EVENT SHALL LICENSOR BE LIABLE UNDER ANY CIRCUMSTANCES FOR <br />INJURY OR DAMAGE TO LICENSEE'S BUSINESS IF ANY INCLUDING BUT NOT LIMITED TO <br />LOSS OF PROFITS LOSS OF RENTS OR OTHER EVENTS LOSS OF BUSINESS OPPORTUNITY <br />LOSS OF GOODWILL OR LOSS OF USE IN EACH CASE HOWEVER OCCURRING RELATED TO <br />THIS AGREEMENT. <br />33. Non -Possessory Interest: Licensor retains full possession of the Property and Licensee <br />will not acquire any possessory interest, whether temporary, permanent, or otherwise by reason of this <br />Agreement, or by the exercise of the permission given herein. Licensee will make no claim to any such <br />interest and Licensee will not claim that it has or ever had an irrevocable license in the Property. <br />34. Waiver: Licensor shall not be deemed to waive any provision of this Agreement orally or <br />by conduct. Any waiver by Licensor of any provision of this Agreement must be in a writing signed by <br />Licensor. No waiver by Licensor of any provision shall be deemed a waiver of any other provision or of <br />any subsequent breach by Licensee of the same or any other provision. Licensor's consent to or approval <br />of any act shall not be deemed to render unnecessary the obtaining of Licensor's consent to or approval <br />of any subsequent act by Licensee. Licensor's acceptance of payment after providing notice of <br />termination to Licensee shall not constitute a waiver of Licensor's termination of the Agreement. <br />35. Authoritv: This Agreement is executed subject to General Order No. 69-C of the Public <br />Utilities Commission of the State of California dated and effective July 10, 1985, incorporated by this <br />reference. As set forth in General Order 69-C, this License is made conditional upon the right of the <br />Licensor either on order of the Public Utilities Commission or on Grantor's own motion to resume the <br />use of that property (including, but not limited to the removal of any obstructions) whenever, in the <br />interest of Licensor's service to its patrons or consumers, it shall appear necessary or desirable to do so, <br />Licensee agrees to comply with all federal, state and local laws and regulations. This Agreement should <br />not be construed as a subordination of Licensor's rights, title and interest in and to its fee ownership, <br />-11- <br />Rev8 20t6-0541 GS -RB <br />Initial f W J /(' <br />Licensor/Licensee <br />