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1. Restrictions on Use and Access. Licensor may restrict parking and any other <br />form of access within the License Area as it deems necessary during any periods of <br />construction, repair, replacement or maintenance of the improvements in the License Area. <br />2. Maintenance by Licensee. After the initial installation of improvements by <br />licensor, Licensee shall be responsible for maintaining the parking spaces within the License <br />Area, including striping. The configuration, size and number of parking spaces may be <br />altered by the Licensee from time to time as it deems necessary, subject applicable health, <br />safety and accessibility standards and laws. Such maintenance will be at a level that meets or <br />exceeds applicable standards of Licensor and the specifications, terms and conditions of such <br />maintenance shall be subject to advance written approval of Licensor. This paragraph does <br />not preclude the Licensor from undertaking such maintenance and improvements within the <br />License Area as it deems necessary for public health and safety purposes of to maintain <br />consistency with any adjacent future public right -of way improvements. <br />3. Signage. Licensee, at its expense, shall be responsible for placing any signs <br />notifying the public that use of the parking spaces in the License Area is reserved exclusively <br />for the benefit of Licensee. Any signs installed by licensee may provide notice that <br />unauthorized vehicles may be towed, subject to applicable requirements of City of San <br />Marcos ordinances. Any such signs and the manner of installation of such signs shall be <br />subject to approval by Licensor. <br />D. Compliance with Laws and Regulations. The Licensee agrees to comply with all <br />federal, state and local laws, construction and health and safety codes, and other regulations in the <br />use of and construction and maintenance of improvement within the License Area. The Licensee <br />agrees to comply with all City of San Marcos standards and regulations related to the construction <br />and maintenance of the Improvement on the License Area. The Licensee agrees to maintain safe <br />and proper clearances from all above - ground and underground utility facilities within or upon the <br />License Area at all times. The Licensee will maintain the Improvement in good condition, fit for <br />their intended purposes, and with due regard for public safety and convenience. The Licensee will <br />promptly remove or correct any hazards upon the License Area created by storms, accidents, <br />vandalism or other causes. <br />E. Indemnification by Licensee. The Licensee agrees to indemnify, hold harmless <br />and defend the Licensor, its officers and employees from and against any claims or liability <br />which may be incurred by reason of any act or omission of the Licensee, its agents or <br />contractors in connection with the Licensee's use of the License Area. <br />F. Right of Use of License Area by Licensor and Public Utilities. The Licensor <br />reserves the right at all times, for itself and all public utilities authorized to use the License Area for <br />right -of -way and public utility purposes, to perform street and utility construction and maintenance <br />activities on the License Area, including those that involve excavation, trenching, pole and wire <br />placement, or similar activities. The Licensor and the authorized utilities will endeavor to notify the <br />Licensee in advance of any construction or maintenance activities, but they make no commitment to <br />2 <br />