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10A Consent Calendar 2018 0618
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10A Consent Calendar 2018 0618
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6/14/2018 6:36:31 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
6/18/2018
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remove all of the Equipment at its sole expense on or before the expiration or termination of this <br />License. <br />29. GENERAL PROVISIONS <br />a. Choice of Law: This Agreement shall be governed by the laws of the State of California. <br />b. Waiver: No waiver of a breach, failure of any condition, or any right or remedy <br />contained in or granted by the provisions of this Agreement shall be effective unless it is <br />in writing and signed by the party waiving the breach, failure, right or remedy. No <br />waiver of any breach, failure, right or remedy shall be deemed a waiver of any other <br />breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a <br />continuing waiver unless the writing so specifies. <br />c. Entire Agreement: This Agreement, including all attachments, exhibits, and any other <br />documents specifically incorporated into this Agreement, shall constitute the entire <br />agreement between County and Licensee relating to the subject matter of this <br />Agreement. This Agreement supersedes all previous understandings, offers, negotiations <br />and agreements, written or oral, between the parties and sets forth the entire <br />understanding of the parties regarding the subject matter thereof. The Agreement may <br />not be modified except by a written document signed by both parties. <br />d. Headings: Headings herein are for convenience of reference only and shall in no way <br />affect interpretation of the Agreement. <br />e. Advertising or Publicity: Licensee shall not use the name of County, its officers, <br />directors, employees or agents, in advertising or publicity releases or otherwise without <br />securing the prior written consent of County in each instance. <br />f. Survival: The obligations of this Agreement, which by their nature would continue <br />beyond the termination on expiration of the Agreement, including without limitation, the <br />obligations regarding indemnification, shall survive termination or expiration. <br />g. Severability: If a court of competent jurisdiction holds any provision of this Agreement <br />to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and <br />enforceability of the remaining provisions, or portions of them, will not be affected, <br />unless an essential purpose of this Agreement would be defeated by the loss of the illegal, <br />unenforceable, or invalid provision. <br />873
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