|
7. INSPECTION AND RIGHT-OF-ENTRY. The City and its agents shall have the right,
<br /> but not the duty, to inspect the Licensed Property at any time to determine whether Licensee is
<br /> complying with the terms of this License.
<br /> 8. MAINTENANCE OF LICENSED PROPERTY. Licensee shall at all times throughout
<br /> the Term keep the Licensed Property in good order, condition and repair. Licensee shall maintain
<br /> the Licensed Property in a clean, orderly and neat appearance,and shall not permit any offensive
<br /> odors to emit from the Licensed Property and shall not commit waste nor permit any waste to
<br /> be committed in the Licensed Property. Except to the extent this License specifically states
<br /> otherwise, Licensee is responsible for maintenance of the Licensed Property. Licensee shall use
<br /> care to avoid damaging or destroying the City property by reason of its operations pursuant to
<br /> this License. Any damage caused by Licensee to the City or other property shall be promptly
<br /> repaired or replaced by Licensee.
<br /> 9. THE CITY'S ACCESS FOR REPAIRS. The City reserves the right to make repairs,
<br /> alterations,connections or extensions to the Licensed Property as the City deems necessary, and
<br /> Licensee shall permit the City to enter the Licensed Property for this purpose at any time.
<br /> 10. ALTERATIONS; SIGNS. Licensee shall not make or permit to be made any
<br /> alterations,additions, improvements or installations in or to the Licensed Property, or place signs
<br /> or other displays visible from outside of the Licensed Property,without first obtaining the written
<br /> consent of the City, which may be withheld in the City's sole discretion. Prior to any alteration
<br /> of the Licensed Property, the Licensee will supply the City with a drawing and any necessary
<br /> specifications relating to its proposed alteration of the Licensed Property. The City's review,
<br /> comments, and approval shall not create any City liability for any action or inaction relating to
<br /> such review, and Licensee shall remain wholly responsible for the safety, adequacy, suitability,
<br /> utility, and constructability of its alteration.
<br /> 11. SUBLETTING AND ASSIGNMENT. This License is personal to the Licensee and may
<br /> not be transferred, assigned, subleted, conveyed, pledged, encumbered, or hypothecated.
<br /> 12. INDEMNIFICATION.
<br /> (a) Indemnity. Licensee shall indemnify, defend and hold harmless the City
<br /> against and from any and all claims, actions, damages, liability, costs and expenses, including
<br /> attorney's fees, arising out of or relating to (a) Licensee's use of the Licensed Property or from
<br /> the conduct of Licensee's business or from any activity, work, or other things done or permitted
<br /> by Licensee in or about the Licensed Property, (b) any breach or default in the performance of
<br /> any obligation on Licensee's part to be performed under the terms of this License, (c) any act or
<br /> omission, negligence or willful misconduct of Licensee, or any officer, agent, employee, guest, or
<br /> invitee of Licensee,and from all costs, damages,attorneys'fees and liabilities incurred in defense
<br /> of any such claim in any action or proceeding brought thereon. Licensee, as a material part of
<br /> the consideration to the City, hereby assumes all risk of damage to property or injury to persons
<br /> in, upon or about the Licensed Property from any cause other than and to the extent of the City's
<br /> 3
<br />
|