|
arising out of or in connection with any and all acts or omissions of Licensee, its
<br /> officers, agents, servants, employees, contractors, subcontractors, Iicensees, invitees,
<br /> or trespassers.
<br /> b. Licensee hereby releases, relinquishes, and discharges Licensor, its
<br /> officers,agents,and employees from all claims,demands,and causes of action of every
<br /> kind and character, including the cost of defense thereof, for any injury to or death
<br /> of any person (whether employees of either party or other third parties) and any loss
<br /> of or damage to any property (whether property of Licensor, its employees, agents,
<br /> contractors, lessees or of third parties) that is caused by or alleged to be caused by,
<br /> arising out of, or in connection with Licensor's ownership, use or maintenance of the
<br /> License Area and the performance of any maintenance, construction, reconstruction,
<br /> repair, relocation, expansion, or removal of any of Licensor's facilities on, above or
<br /> under the License Area. This release shall apply regardless of whether said claims,
<br /> demands, and causes of action are covered in whole or in part by insurance, and in
<br /> the event of injury, death, property damage, or loss suffered by Licensee, any
<br /> subcontractor, or any person or organization directly or indirectly employed by any
<br /> of them. This release shall apply regardless of whether such injury, death, loss, or
<br /> damage was caused in whole or in part by the negligence of Licensor.
<br /> 6. Obligations of Licensee.
<br /> a. Maintenance. Licensee shall operate and maintain the Improvements and
<br /> the License Area in a clean, safe and sanitary condition at all times in accordance with
<br /> applicable laws and ordinances. If Licensee fails to maintain the Improvements and
<br /> License Area in the manner provided herein such that the Im[provements are in violation
<br /> of applicable City of San Marcos ordinances, e.g., unsafe structure presenting danger to
<br /> passersby,Licensor,after written notice to Licensee and an opportunity to cure as provided
<br /> in such notice, may undertake such maintenance activities and bill Licensee for the costs
<br /> of such activities. If Licensee fails to pay such costs within 30 days after receipt of an
<br /> invoice from Licensor, Licensor may file a lien against Licensee's property adjacent to the
<br /> License Area in the amount of the invoice, plus interest accruing at the rate of 10 percent
<br /> per annum until paid.
<br /> b. Restoration. Upon termination of this License Agreement, Licensee, at its
<br /> own expense, shall remove such components of the Improvements that Licensor requests
<br /> to be removed and restore the areas where such components are removed to such condition
<br /> as existed prior to installation of the Improvements.
<br /> C. Extra Costs to Licensor. In the event that any installation, reinstallation,
<br /> relocation or repair of any existing or future utility or improvements owned by Licensor,
<br /> constructed by or on behalf of the public or at public expense is made more costly by virtue
<br /> of the installation, maintenance or existence of the Improvements and Licensee's use of
<br /> the License Area, Licensee shall pay to Licensor an additional amount equal to such
<br /> additional cost as determined by Licensor's City Manager or designee.
<br />
|