04-11-2005 Council Packet - Laserfiche WebLink

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p-' agrees that the License is personal to Licensee and will automatically terminate if Licensee ceases to operate a hair salon on the neighboring property, for any reason, or. if Licensee assigns or attempts to assign the License without 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 this Paragraph 3, the License will, in any event, be terminable by either party upon thirty days advance written notice at any time after the last day of the second to last month of the initial term of Licensee’s lease relative to the neighboring property, unless extended for a specific term prior thereto by written agreement between Licensor and Licensee; provided, that any such extension shall not in any way affect or impair Licensor’s to thereafter terminate the License for any of the reasons specified in Section 3 above, and this Agreement shall otherwise continue in effect as so extended. 4. Licensor’s Obligation Limited: Exclusive Remedy . Licensee understandc and agrees that this Agreement does not create any obligation on Licensor’s part with respect to plowing, cleaning or maintenance of the parking area on Licensor’s property; provided, that if Licensee’s clients would have, but could not, use the licensed parking q>aces on any particular day(s) in a month because (i) Licensor’s parkuig area had not been plowed within a reasonable time after a significant snowfall (as determined by reference to past practice) and (ii) the spaces on the neighboring property were all in use, then. Licensee’s sole a^ exclusive remedy shall be a credit against the next month’s license fee equal to 1/30^ of the monthly license fee for ea^ such day (or partial day). 5. of Liability: Indemnity: Liability Insurance . Licensor shall not have any liability for tqjnry, death or property damage to Licensee’s enqrloyees, agents, clients or invitees occutr^ on Licensor’s property, udess resulting fiom the gross negligence or intentional act of Licensor or Licensor’s officers or employees, and. Licensee will indemnify, defend, and hold Licensor harmless fiom, any such claims; Licetisee further agrees to carry liability insurance in form and ■mount satisfiwtoty 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 firom tinMto 6. Not to be Filed. This Agreement «hall not be recorded or otherwise filed by Licensee with dm Hennepin County Recmder or Registrar of Titles, and, shall become terminable by License at will if so recorded or ffled or if any memorandum or other document referencing this Agreemoit is so recorded or filed. Signed by the parties as of the date(s) noted opposite their reqrective signatures: The Rickard M. Kcaveay Famly Limited Partnership Date:y/^A>. 200 3. JnlAaa, bCn d/h/a Jnl Ann Hair Pas V-'C-oY .200 . Lipiie lev.doc