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DocuSign Envelope ID:006B3B58-113D-415B-8BCB-D01349E84B77 <br /> 16. MISCELLANEOUS <br /> (a) Notices. All notices to be given by the parties shall be in writing and may <br /> either be served personally, delivered by overnight courier (such as UPS or Fed Ex) or deposited <br /> in the United States mail, postage prepaid, by either registered or certified mail to the notice <br /> addresses provided in Part A of this License. A party may change its notice address effective on <br /> written notice to the other party. All such notices shall be deemed delivered and effective on <br /> the earlier of(i)the date received or refused for delivery, or(ii)five (5) calendar days after having <br /> been deposited in the United States Postal Service, postage prepaid. In lieu of the foregoing,the <br /> City may deliver any notice to the Licensee's email address in Part A, in which case the notice <br /> shall be deemed delivered and effective upon sending. <br /> (b) No Waiver of Covenants. No waiver of any default hereunder shall be <br /> implied from any omission by either party to take any action on account of such default if such <br /> default persists or is repeated and no express waiver shall affect any default other than the <br /> default specified in the express waiver and then only for the time and to the extent therein <br /> stated. 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 than <br /> the failure of Licensee to pay the particular Rent so accepted, regardless of the City's knowledge <br /> of such preceding breach at the time of acceptance of such Rent. One or more waivers of any <br /> breach of any covenant, term, or condition of this License shall not be construed as a waiver of <br /> any subsequent breach of the same covenant, term, or condition. <br /> (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 /> 5 <br />