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7 <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 th en 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. No possessory interest is granted to Licensee in the License <br />Property. The City reserves all rights not expressly granted by this License. This License does not <br />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