Res 2004-201 - Laserfiche WebLink

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I I I and maintenance of the improvements on the Property. The Licensee agrees to comply with all of the Licensor's standards and regulations related to the construction and maintenance of the Improvements on the Property. The Licensee agrees to maintain safe and proper clearances from all above-ground and underground utility facilities within or upon the Property at all times. The Licensee will maintain the Improvements in good condition, fit for their intended purposes, and with due regard for public safety and convenience. The Licensee will promptly remove or correct any hazards upon the Property created by storms, accidents, vandalism or other causes. 3. Indemnification by Licensee. The Licensee agrees to indemnify, hold harmless and defend the Licensor, its officers and employees from and against any claims or liability which may be incurred by reason of any act or omission of the Licensee, its agents or contractors in connection with the Licensee's use of the Property. 4. Right of Use of Property by Licensor and Public Utilities. The Licensor reserves the right at all times, for itself and all public utilities authorized to use the Property for right-of-way and public utility purposes, to perform street and utility construction and maintenance activities on the Property, including those that involve excavation, trenching, pole and wire placement, or other activities that may affect the Improvements. The Licensor and the authorized utilities will endeavor to notify the Licensee in advance of any construction or maintenance activities, but they make no commitment to do so. The surface of the Property will be restored to a level condition upon completion of the construction or maintenance activities, but the Licensee will be responsible for replacing any pavement or other affected portions of the Improvements. The Licensee will perform the replacement only in a manner and to the extent that the replacement does not interfere with or impede the use of the Property for right-of-way and public utility purposes. The Licensee agrees to hold harmless the Licensor and all public utilities authorized to use the Property, and their officers, agents and employees, for any damages to the Improvements that are caused in any way in connection with the use ofthe Property for right-of-way and public utility purposes by the Licensor or any such utility or their officers, agents or employees. The Licensee may terminate this agreement on the basis of any such construction or maintenance activities, and if the Licensee does so, the Licensee is solely responsible for providing an alternative means of access to the Adjoining Property. 5. Termination by Licensor. A. The Licensor may terminate and revoke this License Agreement if the Licensee violates this agreement and fails to cure the violation within 10 days after the Licensor gives the Licensee written notice of the violation. Alternatively, the Licensor may take action to cure any violation of this agreement by the Licensee, and collect the costs of curing the violation from the Licensee. The Licensee agrees to pay each invoice for such costs within 30 days of its issuance by the Licensor. B. The Licensor may terminate this agreement for any other reason by giving Licensee six months' written notice of termination. 6. Integration; Amendments; No Warranty of Title. This agreement constitutes the entire agreement between the Licensor and the Licensee on this subject, and it may be amended only by written instrument executed by both parties. THE LICENSOR MAKES NO WARRANTY OF TITLE IN CONNECTION WITH THIS AGREEMENT. THE LICENSEE 2