Contracts & Agreements_177-2016 - Laserfiche WebLink

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and Tenant acknowledge and agree that the insurance required of Tenant is subject to annual review by City and subject to increases in the amount and scope of coverage,as reasonably determined by City Section 1 I Assumment Prohibited Tenant shall not encumber, assign, sublease of otherwise transfer this Agreement, or any right of interest therein,without the prior written consent of City Any such encumbrance,assignment,sublease or transfer without such prior consent and approval of City shall constitute a breach of this Agreement and may,at the sole discretion of City, result in the immediate termination of this Agreement Section 12 Attornevs' Fees In the event any action is commenced to enforce of interpret the terms or conditions of this Agreement,the prevailing Party shall, in addition to any costs and othei relief, be entitled to the recovery of its reasonable attorneys' fees,including fees for use of un-house counsel by a Party Section 13 Notices Any notice or other communication required,or which may be given, pursuant to this Agreement,shall be in writing Any such notice shall be deemed delivered(i)on the day of delivery in person, (ii)five(5)days after deposit in first class registered mail,with return receipt requested, (iii)on the actual delivery date if deposited with an overnight courier,or(iv)on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class,certified, registered or express snail, in each case properly posted and fully prepaid to the appropriate address set forth below, or such othei address as a party may provide notice of in accordance with this section CITY TENANT Quality of Life Kadir Fakir and Kamrun Parveen, owners Chris Boatman, Director 5 East Citrus Avenue Suite 106 City of Redlands Redlands, CA 92373 P O Box 3005 Redlands, CA 92373 Section 14 Entire Agreement/Ainendment This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof Any prior verbal or written representations of agreements respecting the Premises not expressly set forth herein are null and void Any and all amendments to this Agreement shall be in writing and executed by the Parties Section 15 Breach and Default by Tenant All covenants and agreements contained in this Agreement are declared to be conditions of this Agreement, and to the term for which the Premises are licensed to Tenant Should Tenant fail to perforin any covenant,condition of agreement contained in this Agreement and the default not be cured within fifteen(15)days after written notice of the default is served on Tenant by City,then Tenant shall be in default under this Agreement,provided,however,that if the default is one not capable of cure within such fifteen(15)days,Tenant shall so notify City in writing, shall commence action to cure within such fifteen(15)days and prosecute such cure diligently until completion within a reasonable time Tenant's failure to complete such cure within a reasonable time shall also constitute a default by Tenant Section 16 Termination In the event of any default of this Agreement by Tenant, in addition to any other rights or remedies City may have, City shall have the immediate right of reentry and may remove all property from the Premises Such property may be removed and stored in a public warehouse or elsewhere at the cost of Tenant Further, in the event of a default of this Agreement by Tenant,City shall have tine option of immediately terminating this Agreement All remedies of City undei this section shall be cumulative and in addition to any other legal or equitable rights and remedies which City may have 4 ka\djmlAgrcements\License Agreement for Outdoor Dining Services Cheesewalla 9 6.doex