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4. UTILITIES. LICENSEE shall pay all charges for water, sewer, <br />gas, electricity and garbage. <br />5. LIABILITY FOR DAMAGES. This Agreement is made upon the <br />express condition that COUNTY shall be free from all liabilities and claims <br />for damages or suits, or both, for or by reason of any injury or injuries <br />to any person or persons or property of any kind whatsoever, whether the <br />person or property of LICENSEE, its agents or employees, or third persons, <br />from any cause or causes whatsoever while upon said real property highway <br />thereon or any part thereof during the term of this Agreement or occasioned <br />by use of said real property or any activity carried on by LICENSEE in <br />connection therewith, and LICENSEE hereby covenants and agrees to indemnify <br />and to save harmless COUNTY from all liabilities, charges, expenses <br />(including counsel fees) and costs on account of or by reason of any such <br />injuries, liabilities, claims, suits or losses however occurring or damages <br />growing out of same. <br />6. RIGHT OF TERMINATION. Either party hereto shall have the <br />right to terminate <br />liability therefor <br />days prior to such <br />be directed to the <br />COUNTY, shall be <br />Manager at 200 Old <br />this Agreement without stated cause therefor and without <br />at any time upon giving notice in writing thirty (30) <br />termination. Such notice, if given to the COUNTY, shall <br />Director of Public Works. Such notice, if given by <br />directed to the LICENSEE in care of LICENSEE's City <br />Bernal Avenue, Pleasanton, Ca 94566 -0802. <br />7. COUNTY'S FAILURE TO TERMINATE. The failure or omission of <br />COUNTY to terminate this License Agreement for any violation of any of its <br />terms, conditions or covenants, shall in no wise be deemed to be a consent <br />by COUNTY UNTY t- such l_ and h_ <br />u un�i vv :e u�:u violation arw shall in au wise bar, stop Or prevent <br />COUNTY from terminating this Agreement thereafter, either for such or for <br />any subsequent violation of any such term, condition or covenant. The <br />acceptance of payments hereunder shall not be, or be construed to be, a <br />waiver of any breach of any term, covenant or condition of this License. <br />8. LICENSEE shall not sub lease, sub -let, or assign the <br />licensed property or any portion thereof without the express consent of the <br />COUNTY, which will not be unreasonably withheld. <br />-3- <br />