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(d) Coverage shall state that Licensee's insurance shall apply <br />separately to each insured against whom claim is made or suit is brought, except with <br />respect to the limits of the insurer's liability. <br />(e) Each insurance policy required by this clause shall be endorsed to <br />state that coverage shall not be suspended, voided, canceled, reduced in coverage or in <br />limits except after thirty (30) days prior written notice by certified mail, return receipt <br />requested, has been given to Licensor. <br />(f) Insurance is to be placed with insurers with a current A.M. Bests' <br />rating of no less than A:VII. <br />Prior to commencement of the Term, Licensee shall furnish Licensor with <br />certificates of insurance and with original endorsements effecting coverage required by <br />this Section. The certificates and endorsements for each insurance policy are to be signed <br />by a person authorized by that insurer to bind coverage on its behalf. <br />12. Assignment; No Encumbrance. The license granted hereby is personal to <br />Licensee, and shall not be assigned by operation of law or otherwise absent the written <br />consent of Licensor, which Licensor may condition or withhold in Licensor's sole <br />discretion. Licensee shall not permit the placement of liens or encumbrances on the <br />Licensed Premises absent Licensor's written consent, which Licensor may condition or <br />withhold in Licensor's sole discretion. <br />13. Amendment and Actions. This Agreement can be amended only by the <br />mutual written consent of Licensor and Licensee, and neither Licensor nor Licensee shall <br />be bound by verbal or implied agreements. The City Manager (or designee) shall have <br />the authority to make approvals, issue interpretations, waive provisions, make and <br />execute further agreements and/or enter into amendments of this Agreement on behalf of <br />the Licensee so long as such actions do not materially or substantially reduce the uses <br />permitted on the Licensed Premises, or materially or substantially add to the costs <br />incurred or to be incurred by the Licensee as specified herein. All other material and/or <br />substantive interpretations, waivers, or amendments shall require the consideration, <br />action and written consent of the City Council. Notwithstanding the foregoing, the City <br />Manager shall maintain the right to submit to the City Council for consideration or action <br />any matter under the City Manager's authority if the City Manager desires to do so. The <br />City Manager may delegate some or all of his or her powers and duties under this <br />Agreement to one or more management level employees of the City. <br />14. Waiver. The waiver by Licensor of any term, covenant, or condition <br />contained in this Agreement shall not be deemed to be a continuing waiver of such term, <br />covenant, or condition, or any subsequent breach of the same or any other term, covenant, <br />or condition in this Agreement. <br />15. No Rights in Third Parties. Nothing in this Agreement, express or <br />implied, is intended to confer any rights or remedies under this Agreement on any third <br />party, nor is anything in this Agreement intended to relieve or discharge any obligation or <br />5089122.3 4 <br />