LIMITED USE:
The Licensee agrees to be bound by the terms and conditions of this Agreement, and that this license is solely for the purpose and use at the designated location, date(s) and time(s) set forth in the Recitals. Licensee further agrees that it will not use this Licensee for any illegal acts or actions that would violate any statutes, ordinances, regulations or the SVRC Marketplace’s rules and code of conduct.
ENFORCEABILITY:
The Licensee agrees that this License shall only be enforceable as to the SVRC Marketplace pursuant to the terms and conditions in this Agreement and shall not be enforceable against any Tenant of the SVRC Marketplace, nor shall it be enforceable against any affiliates, investors, or parent companies of the SVRC Marketplace.
INDEMNITY AND HOLD HARMLESS:
Licensee, its agents, employees, clients, vendors, representatives, assigns, invitees shall at all times indemnify, defend and hold SVRC Marketplace, its partners, agents, employees, representatives and assigns harmless from all loss, liability, damages, fines, causes of action, lawsuits, judgments, claims of liability; claims of injury, expenses and costs, including but not limited to, court costs, interest on any judgment and attorney fees that may occur or be claimed with respect to any person or persons, or property in connection with the use and/or possession of this License. Licensee shall further at all times indemnify, defend and hold the SVRC Marketplace, its partners, agents, employees, representatives and assigns harmless from all loss, liability, costs, damages, fines, causes of action and expenses that may occur or be claimed arising from any and all claims of indemnification and/or contribution made by any person, SVRC Marketplace Tenant, partnership, corporation, or other legal or non-legal entity that may hereinafter establish the right to indemnification and/or contribution resulting from any act done or omission by or through this License.
GENERAL COMMERCIAL LIABILITY INSURANCE:
Licensee shall maintain, at all times during the period this License is effective, comprehensive general commercial liability insurance covering any use of, and/or access to the SVRC Marketplace in connection with this License. Licensee further agrees to provide the SVRC Marketplace Manager a copy of any insurance policy and Declarations confirming that said coverage is effective for the period of this License before this License will become effective.
REVOCABILITY:
Licensee agrees that SVRC Marketplace may freely revoke this License at any time and for any reason. This License shall further be automatically revoked under the following circumstances:
- Failure to maintain proper insurance coverage;
- Any use or purpose that is not expressly set forth in this Agreement;
- Failure to maintain or loss of any certification(s), permit(s) or license(s) required and/or necessary for the event or purpose, for which this License is issued;
- Repeated disturbances to SVRC Marketplace, its Tenants or other patrons by the Licensee or through use of this Licensee;
- Any act or omission by the Licensee or through use of this Licensee that causes damage to persons or property or affects SVRC Marketplace’s eligibility for federal historic tax credits under § 47 of the Internal Revenue Code or New Market Tax Credits.
TERMINATION:
Unless otherwise revoked, this License shall automatically terminate at the expiration of the Date and Time set forth in the Recitals. Licensee and SVRC Marketplace may agree to extend the term of the License prior to the expiration of the Date and Time set forth in the Recitals under separate written agreement.