HomeMy WebLinkAboutC2010-047 - 1/13/2010 - NALicense Agreement for
Corpus Gus and PRIDE Corpus Christi
This License Agreement (this "Agreement") is made effective as of October 29, 2009 between Clare Ellen
Fehrenkamp, of 5929 Shadow Wood Drive, Corpus Christi, Texas 78415 and City of Corpus Christi, acting
through its-Pride Advisory Committee, 1201 Leopard Street, Corpus Christi, Texas 78401.
In the Agreement, the party who is granting the right to use the licensed property will be referred to as
"C. E. Fehrenkamp" and the Party who is receiving the right to use the license property is the City of
Corpus Christi, who will be referred to as "Licensee".
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Corpus Christi
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Corpus Gus
follows: No royalties.
The parties agree as follows:
1. GRANT OF LICENSE.~C. E. Fehrenkamp owns the
image of Corpus Gus with the PRIDE Corpus Christi
logo (image"). In accordance with this Agreement,
for one dollar and other good and valuable
consideration the receipt and sufficiency has been
acknowledged by C. E. Fehrenkamp C. E.
Fehrenkamp grants Licensee an exclusive license to
use the image. C. E. Fehrenkamp retains title and
ownership of the image. This grant of license only
applies to the following described geographical area:
the state of Texas.
2. PAYMENT OF ROYALITY. Licensee will pay to C. E.
Fehrenkamp a royalty which shall be calculated as
3. MODIFICATIONS. Unless the prior written approval of C. E. Fehrenkamp is obtained, Licensee
may not modify or change the image in any manner.
4. DEFAULTS. If Licensee fails to abide by the obligations of the Agreement, C. E. Fehrenkamp shall
have the option to cancel the Agreement by providing 30 days written notice to Licensee.
Licensee shall have the option of preventing the termination of the Agreement by taking
corrective action that cures the default, if such corrective action is taken prior to the end of the
time stated in the previous sentence, and if there are no other defaults during such time period.
5. WARRANTIES. Neither party makes any warranties with respect to the use; sale or other
transfer of the image by the other party or by any third party, and Licensee accepts the product
"AS IS". In no event will C. E. Fehrenkamp be liable for direct, indirect, special, incidental, or
consequential damages, that are in any way related to the image.
2010-047
01/13/10
Fehrenkamp, Clare Ellen
INDEXED
6. TRANSFER OF RIGHTS. This Agreement shall be binding on any successor of the parties. Neither
party shall have the right to assign its interest in the Agreement to any other party, unless the
prior written consent of the other party is obtained.
7. TERMINATION. The Agreement may be terminated by either party by providing 30 days written
notice to the other party. This Agreement shall terminate automatically on October 29, 2010.
8. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there
are no other promises or condition in any other agreement whether oral or written. This
Agreement supersedes any prior written or oral agreement between the parties.
9. AMENDMENT. The Agreement may be modified or amended, if the amendment is made in
writing and is signed by both parities.
10. SEVERABILITY. If any provision of the Agreement shall be held to be invalid or unenforceable
for any reason, the remaining provisions shall continue to be valid and enforceable. If a court
finds that any provision of this agreement is invalid or unenforceable, but that by limiting such
provision it would become valid or enforceable, then such provision shall be deemed to be
written, construed, and enforced as so limited.
11. WAVIER OF CONTRACTURAL RIGHT. The failure of either party of enforce any provision of this
Agreement shall not be construed as waiver of limitation of that party's right to subsequently
Licensor:
Clare Ellen Fehrenkamp
By:
C. E. Fehrenkamp, Owner
5929 Shadow Wood Drive
Corpus Christi, TX 78415
361-853-8154,
ellensmail@sbcblobal.net
Licensee:
enforce and compel strict compliance with every provision of this Agreement.
12. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Texas.
Date: ~~ ~ `
City of Cor~us Christi
BY.
Date: ~ ~a ~~
R. Escobar, City Manager
Approved as to brm: ~ ~ 13 ' '~ ~
~.a
~~~
Lisa Agu' a
Assistan ity Attomey
For City Attorney