Agmt 2005 EBRPD - Laserfiche WebLink

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in the place and stead of any insurance carrier, any references to failure of coverage notwithstanding. Revisions. As circumstances change during the life of this license, CITY may from time to time require and DISTRICT agrees to provide, revisions in the fore- going insurance requirements sufficient in CITY'S opinion to provide adequate pro- tection for both CITY and DISTRICT. 8. In the event CITY shall bring suit to compel performance of or to recover for breach of any covenant, agreement or condition herein contained and shall prevail in said suit, DISTRICT agrees to pay CITY'S reasonable attorney's fees in addition to the amount of the judgment and costs. 9. All rights herein given to DISTRICT are subject to all existing rights, rights of way, reservations and easements by whomsoever held in and to said real property. 10. No rights of DISTRICT hereunder shall be transferred or assigned unless the written consent to CITY is first secured, provided that DISTRICT may assign, its rights hereunder to any successor public agency. With that exception, this agreement and each and all of the covenants herein contained shall inure to the benefit of and be binding upon the successors and assigns of the respective parties hereto. 11. If DISTRICT shall, at any time, abandon the access or any portion thereof or fail to use the access for the purposes for which this license is granted, then all rights of DISTRICT in and to said real property or said portion thereof so abandoned or not so used shall thereupon cease and terminate. upon any termination of such rights of DISTRICT hereunder, DISTRICT shall at DISTRICT'S expense, promptly upon request by CITY so to do, remove the access from said real property. Abandon- ment of the access or any portion thereof shall be deemed to have occurred only by appropriate resolution of the Board of Directors of DISTRICT. -5-