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notices of uncured default) to the other Party's email address in the Basic <br /> Provisions, in which case the notice shall be deemed delivered and effective upon <br /> sending. <br /> (b) Liens. NWS shall keep the Ballfield Property free and clear of all liens and <br /> encumbrances arising from or out of its use and occupancy of the Ballfield <br /> Property. If any lien is filed against the Ballfield Property or adjacent or underlying <br /> property owned by City as a result of the action or inaction of NWS or its <br /> employees, agents or contractors, NWS shall upon demand promptly have the lien <br /> released or provide City with a bond in the amount required by City to remove the <br /> lien of record. Nothing in this Agreement, including this subsection, shall be <br /> deemed as a concession that the Ballfield Property, or any other City-owned <br /> property, is subject to lien under Washington law. <br /> (c) No Waiver of Covenants. No waiver of any default hereunder shall be implied <br /> from any omission by either party to take any action on account of such default if <br /> such default persists or is repeated and no express waiver shall affect any default <br /> other than the default specified in the express waiver and then only for the time <br /> and to the extent therein stated. The subsequent acceptance of monthly fees by <br /> the City shall not be deemed to be a waiver of any preceding breach by NWS of <br /> any agreement, condition or provision of this Agreement, other than the failure of <br /> NWS to pay the particular fee so accepted, regardless of the City's knowledge of <br /> such preceding breach at the time of acceptance of such fee. One or more waivers <br /> of any breach of any covenant, term, or condition of this Agreement shall not be <br /> construed as a waiver of any subsequent breach of the same covenant, term, or <br /> condition. <br /> (d) No Consequential Damages. Notwithstanding any contrary provision herein, the <br /> City shall not be liable under any circumstances for injury or damage to, or <br /> interference with, NWS's business, or for any consequential, incidental or special <br /> damages, including but not limited to, loss of profits, loss of rents or other <br /> revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, <br /> however occurring. This subsection (d) does not limit the Convenience <br /> Termination Payment. <br /> (e) Nature of License. The City does not warrant its title or ownership of the Ballfield <br /> Property, but the City confirms that it otherwise has the right and authority to <br /> enter into this Agreement. This license granted hereunder is not exclusive, but <br /> the City may only use the Ballfield Property to the extent consistent with NWS' <br /> rights under this Agreement. No possessory interest is granted to NWS in the <br /> Ballfield Property. This Agreement does not create any rights in any third party. <br /> (f) Uses Specifically Prohibited. Without limiting the generality of Section 2 above, <br /> any use of the Ballfield Property for the following purposes is expressly prohibited <br /> and is an NWS Event of Default under this Agreement requiring immediate cure: <br /> 17 <br />