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4. UTILITIES. LICENSEE shall pay all charges for water, sewer, gas <br /> electricity and garbage. <br /> 5. LIABILITY FOR DAMAGES. This Agreement is made upon the express <br /> condition that the COUNTY shall he free from all liabilities and claims for <br /> damages or suits, or both, for or by reason of any injury or injuries to any <br /> person or persons or property of any kind whatsoever whether the person or <br /> property of LICENSEE, its agents or employees, or third persons from any cause <br /> or causes whatsoever while upon said real property and highway thereon or any <br /> part thereof during the term of this Agreement or occasioned by the use of said <br /> real property or any activity carried on by LICENSEE in connection therewith, <br /> and LICENSEE hereby covenants and agrees to indemnify and to save harmless the <br /> COUNTY from all liabilities charges, expenses (including counsel fees) and costs <br /> on account of or by reason of any such injuries, liabilities claims, suits or <br /> losses however occurring or damages growing out of same. <br /> 6. RIGHT OF TERMINATION. Either party hereto shall have the right to <br /> terminate this Agreement without stated cause therefor and without liability <br /> therefor at any time upon giving notice in writing thirty (30) days prior to <br /> such termination. Such notice, if given to the COUNTY, shall be directed to the <br /> Director of Public Works. Such notice if given by COUNTY, shall he directed to <br /> the LICENSEE at 4321 First Street, Pleasanton, California 94566. <br /> 7. COUNTY'S FAILURE TO TERMINATE. The failure or omission of COUNTY <br /> to terminate this License Agreement for any violation of any of its terms <br /> conditions or covenants shall in no wise be deemed to be a consent by COUNTY to <br /> such violation and shall in no wise bar stop or prevent COUNTY from terminating <br /> this Agreement thereafter, either for such or for any subsequent violation of <br /> any such term, condition or covenant. The acceptance of payments hereunder <br /> shall not be, or be construed to be, a waiver of any breach of any term covenant <br /> or condition of this License. <br /> 8. LICFNSEE shall not sublease, sublet, or assign the licensed <br /> property or any portion thereof without the express consent of the COUNTY which <br /> will not be unreasonably withheld. <br /> -3- <br />