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<br /> /7711 <br /> -2- <br /> 1. Term: The effective date of this Agreement is May 1, <br /> 1994. This Agreement will continue in force until terminated by <br /> either or both of the parties. <br /> 2. Grant of License: In consideration of the covenants of <br /> the Licensee contained in this Agreement, the city grants a license <br /> and permission to Licensee to enter the License Area to conduct <br /> remediation activities related to the Fuel Leak, and to construct, <br /> reconstruct;". use, maintain, operate, and repair drainage <br /> improvements (the II Improvements ") to catch, detain and remove fuel <br /> and contaminated materials. <br /> 3. Licensee's Obliqations: The Licensee undertakes and <br /> ~ <br /> agrees: <br /> (a) To construct, reconstruct, use, maintain, operate <br /> and repair the Improvements in a safe and secure <br /> manner compatible with the intended use of the <br /> License Area for drainage purposes, and in <br /> conformance with all ~ity of San Marcos regulations <br /> and ordinances. <br /> (b) To apply for and obtain a right-of-way construction <br /> permit from the city each time the Licensee <br /> performs construction activities (other than <br /> routine maintenance of the Improvements) within the <br /> License area, and to abide by all conditions of <br /> such permits. <br /> (c) To assume the risk of and to hold harmless, <br />