Res 2006-217 - Laserfiche WebLink

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GRANT OF LICENSE; TERMS AND CONDITIONS NOW THEREFORE, the Licensor, for the consideration, grants and demises to the Licensee a non-exclusive license to install and maintain the Improvements on the Property, subject to the following: 1. Condition of Property. The Licensee accepts the Property in its present condition. The Licensee acknowledges that the Licensor makes no representations or warranties regarding the Licensor's title to the Property, the condition of the Property, and the presence or absence of hazardous materials or other contaminants on the Property. 2. Construction Review and Approval. The Licensee agrees to submit its construction plans and specifications for all construction work to be performed within the Property to the City Environmental and Engineering Department for review at least five days before commencing construction on the Property. 3. Compliance with Laws and Regulations. The Licensee agrees to comply with federal, state and local laws, construction and safety codes, and other regulations in the construction and maintenance pf 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. 4. Indemnification by Licensee. The Licensee agrees, to the extent of its liability under Texas law, 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. 5. 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 public utility purposes, to perform 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 will notify the Licensee in advance of any construction or maintenance activities of the Licensor on the Property, except in emergencies. 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 affected portions of the Improvements. The Licensee will perform the replacement only in a manner and to the extent that the replacement is compatible with the use of the Property for public utility purposes. To the extent permitted by Texas law, the Licensee agrees to hold harmless the Licensor and all public utilities authorized to use the Property, and their officers, agents