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(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 /> (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 />