Reso 2012-084 - Laserfiche WebLink

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22.2 In an action or claim against the City in which the Company is defending the City, the City shall have the right to approve legal counsel providing the City's defense. 23. No Abroaation Of Leaal Responsibilities. The City's execution of this Agreement shall not abrogate, in any way, the Company's responsibility to comply with all permitting requirements or to comply with all current laws, ordinances, orders, rules, regulations and permits with respect to its performance of the activities permitted under this Agreement. 24. Rights Upon Property Subordinate The right to enter and use the Property herein granted by the City to the Company, and all rights and privileges hereunder, are and shall be subordinate to any right of the City to use and occupy the Property. In the event of conflict between the Company's right to use the Property and the City's desired use thereof after the Effective Date, the City may require the Company to redesign, adjust, relocate or remove the Telecom Facilities. The Company's right to install, maintain and operate the Telecom Facilities, or to remove the Telecom Facilities, shall be subject at all times to such rights as the City may have to require the removal or relocation of the Telecom Facilities at the sole cost and expense of the Company under the terms stated in this Agreement. 25. Assignment The Company shall not voluntarily or by operation of law, assign, transfer, mortgage, sublet, or otherwise transfer or encumber all or any part of the Company's interest in this Agreement or in the Property, without the City's prior written consent, which will not be unreasonably withheld, delayed or conditioned; provided, however, the Company shall have the right to sublease or assign its rights under this Agreement to any of its subsidiaries, affiliates or successor legal entities or to any entity acquiring substantially all of the assets of the Company. 26. No Interest In Property Nothing herein shall be deemed to create a lease or easement to any property, or to grant any interest in the Property other than a non - exclusive real property license to enter upon and use the Property, revocable as set forth herein. 27. Not Agent of City Neither anything in this Agreement nor any acts of the Company shall authorize the Company or any of its employees, agents, contractors or subcontractors to act as agent, contractor, joint venturer or employee of the City for any purpose. 28. Reservation of Rights 13