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A.R.S. Section 20-217, a copy of which certificate is to be attached to the applicable Certificate <br /> of Insurance. <br /> 10. CONSIDERATION. In consideration of this Agreement, Licensee hereby agrees <br /> to pay to the Licensor the sum of seven hundred and nine dollars and two cents ($709.02) per year, <br /> payable as follows: Payable the first of every November during the term of this License. <br /> 11. WAIVER OF JURY TRIAL. The parties hereto expressly covenant and agree <br /> that in the event of a dispute arising from this Agreement, each of the parties hereto waives any <br /> right to a trial by jury. In the event of litigation, the parties hereby agree to submit to a trial <br /> before the Court. <br /> 12. WAIVER OF ATTORNEY'S FEES. The parties hereby expressly covenant and <br /> agree that in the event of litigation arising from this Agreement, neither party shall be entitled to <br /> an award of attorney's fees, either pursuant to the License, pursuant to A.R.S. Section 12-341.01 <br /> (A) and (B), or pursuant to any other state or federal statute. <br /> 13. CONFLICT OF INTEREST. Pursuant to A.R.S. Section 38-511, the City of <br /> Prescott may cancel this Agreement, without penalty or further obligation, if any person <br /> significantly involved in initiating, negotiating, securing, drafting or creating the Agreement on <br /> behalf of the City is, at any time while the Agreement or any extension of the Agreement is in <br /> effect, an employee or agent of any other party to the Agreement in any capacity or a consultant <br /> to any other party of the Agreement with respect to the subject matter of the Agreement. In the <br /> event of the foregoing, the City of Prescott further elects to recoup any fee or commission paid or <br /> due to any person significantly involved in initiating, negotiating, securing, drafting or creating <br /> this Agreement on behalf of the City of Prescott from any other party to the Agreement arising as <br /> a result of this Agreement. <br /> IN WITNESS WHEREOF, the parties hereto have executed this License Agreement on <br /> the day and year first above written. <br /> LICENSOR: CITY OF PRESCOTT, a <br /> Municipal corporation <br /> By: <br /> MARK NIETUPSKI <br /> Public Works Director <br /> ATTEST: APPROVED AS TO FORM: <br /> Page 3 of 4 <br />