(6)AR 052208 AGRMT partially signed - Right-of-Entry Agreement with CJUSD

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Section 8. Liens and Claims. City will not permit any mechanics' materialmen's, or similar liens or claims to stand against the School Property for labor or material furnished in connection with any work performed by City under this Agreement. Upon reasonable and timely notice of any such lien or claim delivered to City by District, City may bond and contest the validity and the amount of such lien, but City will immediately pay any judgment rendered, will pay all proper costs and charges, and will have the lien or claim released at its sole expense. Section 9. Legal Interpretation of Instrument. The parties expressly understand and agree that this Agreement constitutes a non-exclusive license for use of the School Property, and"is neither intended by the parties, nor shall it be legally construed to convey, a leasehold, easement, or other interest in real property. Should either party be compelled to institute arbitration, legal, or other proceedings against the other for or on account of the other party's failure or refusal to perform or fulfill any of the covenants or conditions of this Agreement on its part to' be performed or fulfilled, the parties agree that the rules and principles applicable to licenses shall govern such actions or proceedings. This Agreement shall be governed by the laws of the State of California. Section 10. Attorneys' Fees. If any legal action is necessary to enforce any of the terms or conditions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which it is entitled. Section 11. Entire Agreement; Amendment. This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, superseding all negotiations, prior discussions and preliminary agreements made prior to the date hereof. This Agreement may not be changed except in writing executed by both parties. Section 12. Successors, Assignment. This Agreement shall be binding and inure to the benefits of the successors of the respective parties. This Agreement may only be assigned upon the written consent of both parties. Section 13. Exhibits. The following exhibits which are attached hereto are incorporated herein and made a part of this License: Exhibit "A" - Map of School Property Exhibit `B" - Plans and Specifications .,Section 14. Recitals. The Recitals are incorporated into this Agreement as though fully set forth herein. Section 15. Execution in Counterpart. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on all parties hereto, notwithstanding that all parties are not signatories to the original or the same counterpart. [SIGNATURES ON FOLLOWING PAGE] 005019.00012/836728v1