RDA Agmt 2004 Masonic Temple Association of San Leandro

Home

if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it. 15. Time. Time is of the essence of this Agreement and of each provision hereof. 16. No Joint Venture. The relationship of the Parties is solely that of licensor and licensee, and no joint venture or other partnership exists or is created between the Parties. Neither Party assumes any fiduciary relationship hereunder to the other. 17. No Third Party Beneficiaries. clothing contained in this Agreement is intended by the Parties, nor shall any provision of this Agreement be deemed or construed by the Parties or by any third person, to be for the benefit of any third party, nor shall any third party have any right to enforce any provision of this Agreement or be entitled to damages far any breach of any of the provisions of this Agreement. 18. Amendments. This Agreement may be modified or amended only by an instrument in writing executed by the Parties. 19. Assignment Prohibited. This Agreement and the rights conferred hereunder may not be assigned by operation of law or otherwise absent the express written consent of the Agency. Licensee hereby acknowledges that renewal of this Assignment can only occur with the mutual assent of Agency and Licensee, and that this Assignment shall not be construed to afford any rights or expectations in the Licensee to such renewal. 20. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original, and all of which taken together shall constitute one agreement. 21. Further Assurances. The Parties each agree to undertake such other actions as may reasonably be necessary to carry out the intent of this Agreement, including without limitation, the execution of any additional documents which may be required to effectuate the transactions contemplated hereby. 22. Severability. If any term, provision, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged thereby 23. Non-Liability of Officials, Employees and Agents. No member, official, employee or agent of Agency or City shall be personally liable in the event of any default or breach hereunder by either Party. G:\DEPT\office of Business Development\Files RDA\Plaza\Masonic Temple\Masonic Temple License Agreement 4- 4 revised.DOC