Red & White Fleet Excursions, Inc. Non-Exclusive License 20230401

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City of San Leandro – Red & White Fleet - Non-Exclusive License Agreement Page 8 of 13 change, cancellation, termination or non-renewal, except in the event of non-payment of premium a ten (10) day notice will be provided. Coverage provided by Licensee shall be primary insurance and shall not be contributing with any insurance, or self-insurance maintained by City, and the policies shall so provide. The insurance policies shall contain a waiver of subrogation for the benefit of the City. Licensee shall provide City with certified copies of the required insurance policies upon City’s request. 8. Notices All notices pursuant to this License shall be addressed as set forth or as either party may subsequently designate by written notice and shall be sent through the United States mail or by personal delivery: Red & White Fleet Excursions, Inc. City of San Leandro Pier 43 ½, Fisherman’s Warf 835 E. 14th Street San Francisco, CA 94133 San Leandro, CA 94577 Attn: Joe Burgard Attn.: City Manager 9. Assignment Licensee shall not assign this License without the express written consent of the City, which consent may be withheld for any or no reason whatsoever. Unless otherwise provided herein, the terms, covenants and conditions herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of all the Parties hereto, all whom shall be jointly and severally liable hereunder. 10. Entire Agreement This License together with Exhibits A through C attached hereto and incorporated herein by reference, constitutes the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior written or oral agreements, understandings, representations or statement with respect thereto. This License may be amended only by a written instrument executed by the Parties hereto. 11. Severability If any term, provision, or condition of this License is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this License shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged thereby. 12. Waiver A waiver by either party of the performance of any covenant or condition herein shall not invalidate this License nor shall the delay or forbearance by either party in exercising any remedy or right be considered a waiver of, or an estoppel against, the later exercise of such remedy or right. DocuSign Envelope ID: 9BA01DA0-8FDA-4949-9D5D-D7EBC560E511