RDA Agmt 2004 Masonic Temple Association of San Leandro

Home

6. Revocation. Agency reserves the right to revoke the license herein granted for any breach of this Agreement or for any act or omission on the part of Licensee contrary to the public interest in the sole, exclusive, and absolute determination of the Agency. Notice of revocation pursuant to this Section shall be served upon the Licensee in writing, and Licensee shall vacate and cease using the License Area and remove all improvements thereon within thirty (30) days of receipt thereof. 7. Hold Harmless; Indemnification. Licensee shall hold harmless and indemnify Agency, the City of San Leandro ("City"), and their respective officers, agents employees and volunteers from and against al! liability for injury to persons and damage to property, including that of Licensee, Agency, or City arising from or in any way connected with Licensee's use of the License Area. 8. Insurance Coverage Certificates of Insurance. Prior to the Effective Date, Licensee shall obtain insurance coverage in the form and amount specified in Exhibit D attached hereto, and shall file with the Agency certificates evidencing such coverage. 9. Exhibits. Exhibits A through D, attached hereto are incorporated herein by this reference and made a part of this Agreement. 10. Entire Agreement. This Agreement, together with Exhibits A through D, constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior negotiations and agreements with respect thereto. Without limiting the generality of the foregoing, this Agreement supersedes the license agreements adopted by the Agency pursuant to Resolutions 78-1, 83-23, 88-8, 91-15 (pertaining to walk-in refrigerator and screen wall) and Resolutions 78-2, 83-20, 88-6, and 93-02 (pertaining to refuse area). 11. Notices. Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. All such notices shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; (iv) facsimile transmission, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly G:\DEPTOffice of Business Development\Files RDA\Plaza\Masonic Temple\Masonic Temple License Agreement 4- revised.DOC