Res 2009-068 - Laserfiche WebLink

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S. The Licensee agrees to comply with all City of San Marcos standards and • regulations related to the construction and maintenance of the Improvements conducted by the Licensee on the Property, as they now exist or may be amended from time to time. The Licensee will maintain all Improvements with due regard for the public safety and convenience, and will promptly remove any hazards associated with the Improvements created by storms, accidents, vandalism or other causes, when actually known to Licensee, 6. To the extent permitted by applicable law and without waiving any immunity or limitations on liability granted by applicable law, each party hereto (the "Indemnifying Party") agrees to indemnify, defend and hold harmless the other party (the "Indemnified Party") against and from any and all losses, expenses, damages, claims, demands, judgments and liabilities, including reasonable attorneys' fees and costs of litigation, incurred by the Indemnified Party as a result of the activities of the Indemnifying Party on the Property. 7. The Licensor reserves the right at all times, for itself and all public utilities franchised by the Licensor, to use the Property for right-of-way, public utility and other municipal purposes, including those that may involve excavation, trenching or other activities. However, Licensor agrees, except in cases of emergency affecting public health or safety, to notify the Licensee in advance of any activities that may prevent Licensee from conducting its Authorized Activities under this Agreement, The Licensee will temporarily remove the Improvements from the Property upon written request of the Licensor or a public utility. • 8. Upon termination this Agreement, Licensee shall remove the Improvements and restore the surface of the Property to a condition as close as reasonably possible to the condition existing before the date of this Agreement. 9. The Licensor may terminate and revolve this License Agreement if the Licensee violates this Agreement and fails to cure the violation within 30 days after the Licensor gives Licensee written notice of the violation (or such period greater than 30 days if Licensee reasonably demonstrates to Licensor that such cure cannot be completed with 30 days and Licensee diligently pursues that cure to its completion). Licensor or Licensee may terminate this Agreement for any other reason by giving the other six months' prior written notice of termination. 10. Licensor may define or limit any access routes or the boundaries of the Property provided reasonable alternate access to the Cave is provided to Licensee. 1 t. Upon request of Licensor, Licensee agrees to provide water monitoring or similar reports or electronic links to such reports, if applicable, relating to the Cave to the extent such reports are available to the public for inspection or otherwise published by the Licensee under any requirements of applicable law. 12. The Licensee accepts the Property in its present condition. The Licensee acknowledges that the Licensor makes no representations or warranties regarding the Licensor's •