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Section 5. Compliance with California Labor Code. Licensee acknowledges that <br />Licensee's resurfacing of and application of murals to the Courts, while permitted by Licensor to <br />be undertaken on the Properties by Licensee, is a privately funded project with no financial <br />contribution by Licensor, and the determination of whether California Labor Code prevailing wage <br />laws, and other applicable California Labor Code provisions applicable to "public work" projects <br />(as defined by California Labor Code section 1720 et seq.) are applicable to Licensee's resurfacing <br />of and application of mural paintings to the Courts, and Licensee's compliance therewith, shall be <br />made solely by Licensee. Licensee expressly agrees Licensor shall have no responsibility, <br />obligation or liability therefor. <br />Section 6. Notice of Entry. Licensee shall provide at least one day's prior written <br />notice to Licensor of the dates on which Licensee desires to enter upon the Properties. <br />Section 7. Possession and Condition of PropertNot Warranted. Licensor does not <br />warrant or represent that the Properties are suitable for Licensee's entry upon or resurfacing of and <br />application of mural paintings to the Courts, or for any other purpose, and Licensee agrees to enter <br />and use, as the case may be, the Properties in their "as is" condition, and resurface and apply mural <br />paintings to the Courts at its own risk. Licensee shall not seek to hold Licensor for responsible or <br />liable for any claim of damages, restitution, or other relief by Licensee or any other entity or person <br />in connection with such entry or resurfacing and mural painting application. <br />Section 9. Ownership of Courts. Upon Licensee's completion and Licensor's written <br />acceptance of the work completed on the Courts, Licensor shall continue to be the owner of the <br />Courts and shall be solely responsible for the maintenance and repair of the Courts at Licensor's <br />sole cost. <br />Section 9. Termination. This Agreement may be terminated by Licensor, for any <br />reason and in its sole discretion, upon ten (10) days prior written notice to Licensee; provided, <br />however, in the event Licensor determines that the public health, safety, or welfare is jeopardized, <br />or that Licensee is in material breach of this Agreement, Licensor in its sole discretion may provide <br />written notice to Licensee to immediately suspend Licensee's performance of its obligations under <br />this Agreement, or terminate this Agreement. <br />Section 10. Notice. Any notice or other communication required, or which may be <br />given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered <br />(i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, <br />with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; <br />or (iv) on the date sent by facsimile or email, if confirmed with a copy sent contemporaneously by <br />first class, certified, registered or express mail; in each case properly posted and fully prepaid to <br />the appropriate address set forth below, or such other address as a Party may provide notice in <br />accordance with this section: <br />Licensor <br />Chris Boatman, Director <br />Facilities and Community Services Dept. <br />35 Cajon Street, Ste. 222 <br />Licensee: <br />JoAnn Albiso <br />JoAnn Albiso Construction Managmenet. <br />1042 N. Mountain Avenue B369 <br />2 <br />LAca\djm\AgrecmentsVoAnn Albiso Comhuction Mgmt License Agreement.docx <br />