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having been deposited in the United States Postal Service, postage prepaid. In lieu of the <br /> foregoing, the City may deliver any notice to the Licensee's email address in Part A, in which <br /> case the notice shall be deemed delivered and effective upon sending. <br /> (b) No Waiver of Covenants. No waiver of any default hereunder shall be implied from <br /> any omission by either party to take any action on account of such default if such default <br /> persists or is repeated and no express waiver shall affect any default other than the default <br /> specified in the express waiver and then only for the time and to the extent therein stated. <br /> The subsequent acceptance of Rent by the City shall not be deemed to be a waiver of any <br /> preceding breach by Licensee of any agreement, condition or provision of this License, other <br /> than the failure of Licensee to pay the particular Rent so accepted, regardless of the City's <br /> knowledge of such preceding breach at the time of acceptance of such Rent. One or more <br /> waivers of any breach of any covenant, term, or condition of this License shall not be <br /> construed as a waiver of any subsequent breach of the same covenant, term, or condition. <br /> (c) No Consequential Damages. Notwithstanding any contrary provision herein, the City <br /> shall not be liable under any circumstances for injury or damage to, or interference with, <br /> Licensee's business, or for any consequential, incidental or special damages, including but not <br /> limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of <br /> goodwill or loss of use, in each case, however occurring. <br /> (d) Joint and Several Liability. If Licensee is composed of more than one signatory to this <br /> License, each signatory shall be jointly and severally liable with each other signatory for <br /> payment and performance according to this License. The act of, notice to, notice from, refund <br /> to or signature of, any signatory to this License (including, without limitation, modifications of <br /> this License made by fewer than all such signatories)shall bind every other signatory as though <br /> every other signatory had so acted, or received or given the notice or refund, or signed. <br /> (e) Nature of License. The City does not warrant its title or ownership of the Licensed <br /> Property. This License is not exclusive. The City is not prohibited from granting permission to <br /> others to occupy or use portions of the Licensed Property where such uses are not inconsistent <br /> with this License. The City reserves all rights not expressly granted by this License. This License <br /> 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 damage and <br /> loss to Licensee's property being on the Licensed Property. <br /> (g) Entire Agreement; Amendment. This License represents the entire agreement <br /> between the parties relating to the Licensed Property and supersedes all other agreements <br /> and representations made prior hereto. No amendment hereof shall be binding on either <br /> 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 /> 7 <br />