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Licensee or any of its members or their respective officers, employees, contractors, <br />licensees, invitees, or agents, any strict liability, or breach of this Agreement or the <br />covenants contained herein. Licensee's obligation to defend and indemnify hereunder <br />shall not be construed to negate, abridge, reduce or restrict any other right or obligation <br />of indemnity which may otherwise exist. Any insurance obtained by Licensee to cover <br />its responsibilities pursuant to this Agreement shall not in any way relieve Licensee of <br />its responsibilities to District. Licensee's obligations under this section shall survive <br />termination or expiration of this Agreement. <br />4. Defaults. The failure of Licensee to observe and perform any provision of this <br />Agreement to be observed or performed by Licensee shall constitute a material <br />breach and default of this Agreement by Licensee. Upon such default, District shall <br />have the right then, or at any time thereafter, to take any action authorized by law or <br />equity to remedy same including, without limitation, the right to terminate this <br />Agreement. Alternatively, District may at any time after Licensee commits an act of <br />default, cure the act of default for the account and at the cost of Licensee. Licensee <br />shall be responsible for any costs District incurs, including reasonable attorneys' fees, <br />in curing the act of default and in instituting, prosecuting or defending any actions <br />or proceedings to enforce District's rights under this Agreement. Reimbursement of <br />these costs shall be made within twenty-one (21) days after District mails to Licensee <br />an invoice signed by an officer, director or manager of District describing the costs <br />and the basis for them. <br />S. Term and Termination. This Agreement shall be effective only so long as <br />Licensee is mining gravel from Pit 29 or twelve months from the date of this <br />Agreement, whichever is earliest. District may, at any time and with or without <br />cause, terminate this Agreement and the license granted hereunder by giving the <br />Licensee twenty-one (21) days' prior written notice. No termination of this <br />Agreement pursuant to this section or by operation of law or otherwise shall relieve <br />Licensee of its liabilities and obligations to the District hereunder, all of which shall <br />survive such termination. <br />6. No interest in Water Facilities. Licensee understands, acknowledges and <br />agrees that this Agreement does not create an interest or estate in Licensee's favor in <br />the Water Facilities, but merely grants to Licensee the personal privilege to use the <br />Water Facilities in strict accordance with the terms, conditions, limitations, and <br />covenants of this Agreement. The license granted hereunder is issued subject to any <br />prior licenses, easements, leases, or agreements granted by District, recorded or <br />unrecorded; and District reserves the right to grant such other licenses, easements, <br />leases, or agreements to others provided that same shall not interfere unreasonably <br />3 <br />