03-28-2005 Council Packet - Laserfiche WebLink

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r or, if Licensee assigns or attempts to assign the License withou* Licensor ’s prior written consent in each instance (which may be given or withheld in Licensor ’s sole and absolute discretion); any change in ownership of Licensee shall be deemed an attempted assignment. If not sooner terminated pursuant to thip Paragraph 3, the License will, in any event, be terminable by either party upon thirty days advance written notice at any time after M / 20otf. 4. Ucensor ’s Obligation Limited: Exclusive Remedy . Licensee understands and agrees tliat this Agreement does not creats any obligation on Licensor ’s part with respect to plowing, cleaning or maintenance of the parking area on Licensor ’s proper^; provided, that if Licensee’s clients would ha/e, but could not, use the licensed parking spaces on any particular day(s) in a month because (i) Li^'ensor ’s parking area had not been plowea within a reasonable time after a significant snowball (as determined by reference to past practice) and (ii) the spaces on the neighboring property were ail in use, then, Licensee’s sole and exclusive remedy shall be a credit against the next month ’s license fee equal to 1/30'*' of the monthly license fee for each such day (or partial day). 5. I.iahilitv: Indemnify: Liability Insurance. Licensor shall not have any liability for injury, death or property damage to Licensee’s employees, agents, clients or invitees occurring on Licensor ’s property, unless resulting from the gross negligence or intentional act of Licensor or Licensor ’s officers or employees, and. Licensee will indemnify, defend, and hold Licensor hatmless from, any such claims; Licensee further agrees to carry liability insurance in form and .unount satisfactory to Licensor, insuring against any such liability and naming Licensor as an additional insured, and to provide proof of such coverage as and when requested by Licensor from time to time. 6. Not to be Filed This Agreement shall not be recorded or otherwise filed by Licensee with tlie Hennepin County Recorder or Registrar of Titles, and, shall become terminable by Licensor at will if so recorded or filed or if any memorandum or other document referencing this Agreement is so recorded or filed. Signed by the parties as of the date(s) noted opposite their respective signatures: The Richard M. Keaveny Family Limited Partnershi General P JulAnn, Inc., d/b/a Jul Ann Hair Easbions Date: _______, 200^^ Fresidmt Date:^ 200^ LA7QmVCIl^.^^Ke«veny^P•ri(ing Uccntc.doc