Res 1999-076 - Laserfiche WebLink

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2. The LICENSEE agrees to comply with all federal, state and local laws, construction and safety codes, and other regulations in the construction and maintenance of its improvements on the PROPERTY. 3. The LICENSEE agrees to comply with all City of San Marcos standards and regulations related to the construction and maintenance of its improvements on the PROPERTY. The LICENSEE will maintain the improvements with due regard for the public safety and convenience, and will promptly remove any hazards created by storms, accidents, vandalism or other causes. 4. 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 officers, agents or employees in connection with the LICENSEE's use of the PROPERTY. 5. 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 and public utility purposes, including those that may involve excavation, trenching or other activities that affect the LICENSEE's driveway. The LICENSOR and the franchised utilities will endeavor to notify the LICENSEE in advance of the construction 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 activities but the LICENSEE will be responsible for replacing any paving or other improvements comprising the driveway. The LICENSEE may terminate this agreement on the basis of any such construction activities. 6. The LICENSOR may terminate and revoke this License Agreement, if the LICENSEE violates this agreement and fails to cure the violation within thirty (30) days after LICENSOR gives LICENSEE written notice of the violation. LICENSOR may terminate this agreement for any other reason by giving LICENSEE six (6) months' written notice of termination. The construction of a roadway on any portion of the PROPERTY will operate as an automatic termination of this agreement, effective upon the date of the LICENSOR's completion and acceptance of the roadway; in the event of such termination, however, the LICENSEE will have the same right of access across the street as the public. 7. This LICENSE constitutes the entire agreement between LICENSOR and LICENSEE on this subject and it may be amended only by written instrument executed by both parties.