|
Property is transferred to a third party, including a transfer occurring during the Term. Further,
<br />the Board may elect to revoke and terminate this Agreement at any time, including during the
<br />Term, if Our Lady is in default with regard to any of the provisions herein contained.
<br />4.No Lease or Easement; Assignment. The Board represents that it is the rightful
<br />owner of the Alley and has the lawful right to permit Our Lady to use the License Area under this
<br />Agreement. The Parties acknowledge and intend that this Agreement will not constitute a lease of
<br />or an easement over the Alley, and Our Lady will have no right or authority to convey any
<br />leasehold or other interest in the Alley or the License Area to any other person or entity. Except
<br />as expressly provided in this Agreement, any attempt by Our Lady to grant or lease any interest in
<br />the Alley or the License Area to any other person or entity will be void ab initio and of no force or
<br />effect. The Parties agree that neither this Agreement nor any of Our Lady's rights under this
<br />Agreement may be assigned, in whole or in part, to any other party.
<br />5.Maintenance. At all times during the period of the license, Our Lady will keep the
<br />License Area in good order and condition, including removing any debris or brush.
<br />6.Security. Our Lady understands and agrees that the Board shall not be liable for
<br />any loss, damage, destruction, or any bodily harm or injury that may result from Our Lady's use
<br />of the License Area.
<br />7.Storage. Our Lady agrees that it will not cause or permit, knowingly or
<br />unknowingly, any hazardous material to be brought or remain upon, kept, used, discharged, leaked,
<br />or emitted at or onto the License Area.
<br />8.Regulations; Other Permits. Our Lady understands and agrees that it will, at its
<br />own expense, observe and comply with all applicable statutes, laws, ordinances, requirements,
<br />orders, rules, and regulations of all governmental authorities in relation to its use of the License
<br />Area. Our Lady understands and agrees that it will secure in its own name and at its own expense
<br />all other permits and authorizations, if any, necessary for its use of the License Area in accordance
<br />with the terms of this Agreement.
<br />9.Restoration. To the extent that any portion of the Alley is disturbed or damaged in
<br />connection with Our Lady's use of the License Area, Our Lady, at its sole expense, shall restore
<br />the Alley to the condition that existed immediately prior to such disturbance or damage to the
<br />satisfaction of the Board, including, but not limited to the removal of any fencing enclosing the
<br />License Area.
<br />10.Property Taxes. As applicable, Our Lady will be responsible for the payment of all
<br />real property taxes and assessments, of any nature whatsoever (the “Taxes”), levied against the
<br />License Area for all periods during the term of this Agreement. The Board will have no liability
<br />for any Taxes associated with the License Area, whether accruing during the term of the license
<br />or after the term of the license, and nothing in this Agreement will be construed to require the
<br />proration or other apportionment of Taxes resulting in the Board’s liability therefor.
<br />11.Indemnification. Our Lady agrees and undertakes to defend, indemnify, and hold
<br />harmless the City and the Board, and their respective officials, employees, agents, successors, and
|