2022 12-20 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 ;P u rported Transferee's enjoyment of the rights and privileges granted under this License shall be deemed to be the Purported Transferee's agreement to be bound by all of the terms and provisions of this License, including but not limited to the obligation to comply with .the provisions of Section 15 above concerning insurance requirements. In addition to.and riot 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 (in whole or in 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.assignment, Licensor shall be released from any further.obligations:.hereunder; and Licensee agrees to. look solely to the.successor in interest of Licensor fo.r.th.e performance of such obligations. 26.5 The provisions of this Section.26 shall survive the expiration .or earl ler termination of. this License,. 27. Notices. Any notice, invoice, or -other writing required or perhiittedto 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 tobe notified may: designate by givingthe other party no less than thirty (30) days' advance written notice of such change.in address.. If to Licensor: .tones Lang LaSalle Brokerage, Inc. 4200 Buckingham Road, .Suite 110: Fort Worth, TX 76155 Attn: Permits/Licenses with a copy to: 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. PauI.,.MN 551.14 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 frorn 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 Improverrients are. removed andthe Restoration Obligations are completed in accordance with the terms hereof, 17 Form 424.; Rev, 20190916