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Schnack Shack LLC 3/31/2022
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Schnack Shack LLC 3/31/2022
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Entry Properties
Last modified
1/30/2024 3:45:25 PM
Creation date
4/22/2022 1:01:58 PM
Metadata
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Template:
Contracts
Contractor's Name
Schnack Shack LLC
Approval Date
3/31/2022
Council Approval Date
3/30/2022
End Date
1/30/2026
Department
Parks
Department Project Manager
Cory Rettenmier/Theresa Bauccio-Teschlog
Subject / Project Title
Concessions Phil Johnson Ballfields
Tracking Number
0003305
Total Compensation
$0.00
Contract Type
Agreement
Contract Subtype
Purchase
Retention Period
6 Years Then Destroy
Document Relationships
Schnack Shack LLC 1/30/2024 Amendment 1
(Contract)
Path:
\Records\City Clerk\Contracts\6 Years Then Destroy\2025
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(c) No Consequential Damages. Notwithstanding any contrary provision <br /> herein, the City shall not be liable under any circumstances for injury or damage to, or <br /> interference with, Licensee's business, or for any consequential, incidental or special damages, <br /> including but not limited to, loss of profits, loss of rents or other revenues, loss of business <br /> opportunity, loss of goodwill or loss of use, in each case, however occurring. <br /> (d) Joint and Several Liability. If Licensee is composed of more than one <br /> signatory to this License, each signatory shall be jointly and severally liable with each other <br /> signatory for payment and performance according to this License. The act of, notice to, notice <br /> from, refund to or signature of, any signatory to this License (including, without limitation, <br /> modifications of this License made by fewer than all such signatories) shall bind every other <br /> signatory as though every other signatory had so acted,or received or given the notice or refund, <br /> or signed. <br /> (e) Nature of License. The City does not warrant its title or ownership of the <br /> Licensed Property. This License is not exclusive. The City is not prohibited from granting <br /> permission to others to occupy or use portions of the Licensed Property where such uses are not <br /> inconsistent with this License. The City reserves all rights not expressly granted by this License. <br /> This License does not create any rights in any third party. <br /> (f) Risk of Loss to Licensee's Property. Licensee bears all risk of any and all <br /> damage and loss to Licensee's property being on the Licensed Property. <br /> (g) Entire Agreement; Amendment. This License represents the entire <br /> agreement between the parties relating to the Licensed Property and supersedes all other <br /> agreements and representations made prior hereto. No amendment hereof shall be binding on <br /> either party unless and until approved in writing by both parties,with the Mayor signing on behalf <br /> of the City and a representative of Licensee signing on behalf of Licensee. <br /> (h) Severability. If any provision of this License or any application hereof shall <br /> be found to be invalid or unenforceable, for any reason, such provisions shall be enforceable to <br /> the maximum extent permitted by law and the remainder of this License and any other <br /> application of such provision shall not be affected thereby. <br /> (i) Choice of Law and Venue. This License shall be administered and <br /> interpreted under the laws of the State of Washington. Exclusive venue for litigation arising from <br /> or relating to this License shall be in Snohomish County, Washington. <br /> (j) Additional Provision(s). The parties will comply with any Additional <br /> Provision(s) in Part A. If an Additional Provision contains an obligation concerning events or <br /> conduct after the termination of this License,then the obligation survives the termination. <br /> (k) Survivability. All clauses of this License that require performance beyond <br /> the expiration of termination of the License shall survive such termination or expiration. <br /> 7 <br />
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