Reso 2014-2191 - Laserfiche WebLink

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7. Maintenance. Newport shall keep and maintain the parking spaces licensed under this Agreement within the Property in good and clean condition, including the regular removal of all litter and trash. 8. Indemnification. This Agreement is one of lice,rsing of property and is not a bailment. The parties agree that the City shall not assume any responsibility for the vehicles licensed to be parked within the Property under this Agreement and the contents therein. Newport, as a material part of the consideration to be rendered to the City under this Agreement, to the extent permitted by law, hereby waives all claims against ?he City, its agents servants or employees for loss, theft or damage to vehicles licensed to be parked within the Property under this Agreement and the contents therein. To the extent permitted by law, Newport shall indemnify, defend and hold the City, its employees and public officials, agents, and servants harmless from, and on account of, any damage or injury to any pe,,son, or to the property, goods, wares and merchandise of any person, arising from the use cf the Property by patrons of Newport Beachside Hotel and Resort. 9. Assumption of Risk. All property belonging to Newport or any their parking patrons of the Property authorized under this Agreement shall be }here at the risk of Newport or such other person only. Except for the intentional or sole actions of the City or its agent or employees, the City, its employees and public officials, and agents shall not be liable for injury to persons, or damage to, or theft of, or misappropriation of such property by any means whatsoever resulting from the use of the Property under this Agreement. Newport shall give prompt notice to the City in case of any such injury, damage, theft, or misappropriation. In case any action or proceeding should be brought against the City b,,i reason of any obligation on Newport's part to be performed under the terms of this Agreement or arising from any act or negligence of Newport, or of its agents or employees, Newport, upon notice from the City, shall defend the City at Newport's expense, by counsel reasonably satisv'actory to the City. 10. Compliance with Law. Newport shall comply A th all applicable state, county and City laws and ordinances in fulfilling its responsibilities under this Agreement. Newport agrees that the Property shall only be used by its employees, contractors, agents, and invitees, to accommodate potential overflow parking from patrons of the Newport Beachside Hotel and Resort. 11. Termination. Either party shall have the right to immediately terminate this Agreement without cause upon written notice to the other party. 12. Attorneys Fees. In the event of any dispute arising out of or related to this Agreement, the prevailing party shall be entitled to receive from the other party the reasonable attorneys' fees, costs and disbursements and court costs incurred by the prevailing party through the trial and all appellate levels and including any of same incurred in connection with enforcement of judgments and other collection costs. 13. Binding. The provisions of this Agreement shaji be binding upon the parties thereto and their respective successors and /or assigns.