2022 09-12 CC PACKET - Laserfiche WebLink

Home

26.3 Notwithstanding the provisions of Section 26.1 above or anything contained in this License to the contrary, if Licensee sells, assigns, transfers, or hypothecates this License or any interest. herein in contravention of the provisions of this License. (a "Purported Assignment") to another party (a "Purported Transferee"), the Purported.Tmnsferee':s enjoyment of the rights and privileges granted under this License shall be deemed to be the Purported Transferee's: agreement: to be boundby all :of the terms and provisions.. of this License, .including but not limited to the obligation to comply with the provisions of Section 16 above concerning insurance requirements. In addition to and not in limitation of the foregoing; Licensee, for itself,its successors and assigns, shall indemnify, defend and hold harmless Licensor for all Liabilities of any nature, kind or description of any person or entity directly or indirectly arising out of, resulting from or related to din whole or in part) a Purported Assignment. 26.4 Licensor shall have the right to transfer and assign, in whole or in part, all of its rights and obligations under this License; and upon any such transfer or assigriment, Licensor shall be released from any further obligations hereunder, and Licensee agrees to look -so Wy to. the successor in interest of Licensor for the. performance of such obligations. 26.5 The.provisions of this Section 26 shall survive the expiration or earlier termination of this License. V. Notices. Any notice, invoice, .or other writing required or permitted' to be given. hereunder by one party to the other shall be in writing and -the same shall be given.:and shall be deemed to have.been served and given if (i). placed in the United States mail, certified, return receipt requested, or (ii) deposited into the custody of a nationally recognized overnight delivery service,. addressed. to the party to be notified at the address for such party specified below; or to such other address as the party to be notified may .designate by giving the other party no less than thirty (30). days' advance written notice of such .change in address. If. to Licensor: Jones. Lang LaSalle Brokerage, Inca 4200 Buckingham Road, Suite 110 Fort Worth, . TX .76155 Attn: PerrriitslLicenses with a copy to6. BNSF Railway Company 2301 Lou Menk Dr., GOB 3-W Fort Worth, TX 76131 Attn: Senior Manager Real Estate If to Operator: Minnesota Commercial Railway Company 508 Cleveland Avenue N. St. Paul, MN 55114 Attn: If to Licensee: City of Gem Lake 4200 Otter lake Road Gem .Lake, MN 55110 Attn: 28. Survival. Neither termination nor expiration will release either party from any.liability or obligation under this License, whether of indemnity or otherwise, resulting from any acts; omissions or events happening prior to the date of termination or expiration; or, if later, the date when.the Pipeline and the other Improvements are. removed and the Restoration Obligations are completed in accordance. with the terms hereof. 17 Form 424; Rev. M00916